Sentences with phrase «vitiated by fraud»
Farrar J.A., dissenting, held that there was consent to the sexual activity, but that a new trial was required to determine whether consent was vitiated by fraud 2013 NSCA 1 (CanLII), (2013 NSCA 1, 325 N.S.R. (2d) 95).
http://www.slaw.ca/ Not exact matches
The court made clear that the first question is whether the order has been vitiated pursuant to contract law (ie, by mistake, misrepresentation, fraud, or undue influence) or by failure to provide full and frank disclosure.
A property adjustment order could be challenged where there was an element of fraud, collusion or other vitiating factor and may be easier to challenge if the property transfer was reached by consent.
«The respondent has patently exercised fraud on power by misuse of its power in breach of law, by taking into account, extraneous matters and by ignoring relevant matter,» the petition stated that the vitiated process rendered the selection process «ultra vires» and a case of «fraud on powers.»