What is the legal position of the Court of Appeal in deciding whether a person can be found guilty of a common law offence?

Alberta, Canada


The following excerpt is from Continental Bank of Canada v. Thorne Riddell Inc., 1982 CanLII 1276 (AB QB):

With those positions it is not possible to have a completely logical result. However, as stated by the Earl of Halsbury in Quinn v. Leathern, [1901] A.C. 495 at p. 506, the law is not always logical.

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