Prosecution Pitfalls: Have Recent Decisions Raised The Bar For The Duty Of Candour (Inequitable Conduct)?
Mondaq Business Briefing › Nbr. 2010, January 2010
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Prosecution Pitfalls: Have Recent Decisions Raised The Bar For The Duty Of Candour (Inequitable Conduct)?
Traditionally, Canada has not had a duty of candour comparable to that of the United States. As recently as 1999, the Canadian Federal Court of Appeal held that the duty of disclosure must be provided for in statute, rules, or jurisprudence1 and that any existing duty would not affect the validity of t...
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