Sharp practice explained

Sharp practice or sharp dealing is a pejorative phrase to describe sneaky or cunning behavior that is technically within the rules of the law but borders on being unethical.[1] [2]

The term has been used by judges in Canada; in one case, a Canadian Construction Board gave an example of "sharp practice" for one party to "take advantage of a clear oversight by the opposite party in a proceeding."[3] According to another source, a Canadian court of appeal judgement, judges should not accuse counsel of sharp practice lightly and should generally not make such an accusation based solely on written submissions.[4] Likewise in R v Badger the Supreme Court of Canada forbade the government from engaging in "sharp dealing" with First Nations in implementing treaties.

See also

Notes and References

  1. Web site: Professional Conduct Handbook - Chapter 1 - Canons of Legal Ethics The Law Society of British Columbia. www.lawsociety.bc.ca. The Law Society of British Columbia. en. https://web.archive.org/web/20160501051623/https://www.lawsociety.bc.ca/page.cfm?cid=1027&t=Professional-Conduct-Handbook-Chapter-1-Canons-of-Legal-Ethics. 2016-05-01. 2017-01-28. A lawyer should avoid all sharp practice and should take no paltry advantage when an opponent has made a slip or overlooked some technical matter. A lawyer should accede to reasonable requests which do not prejudice the rights of the client or the interest of justice..
  2. Web site: Sharp Practice Definition. www.duhaime.org. en-US. https://web.archive.org/web/20160412005553/http://www.duhaime.org/LegalDictionary/S/SharpPractice.aspx. 2016-04-12. 2017-01-28. Sharp Practice Definition: Prohibited conduct by a licensed lawyer in taking, or attempting to take advantage of a slip or overlooked technical matter by the other side to litigation, and to agree to reasonable requests which either prejudice his client or the interests of justice..
  3. ,ON L.R.B. . Construction Workers Local 53 v. Fahringer Mechanical Contractors Limited . 2001 . CanLII . 3504 . http://www.canlii.org/en/on/onlrb/doc/2001/2001canlii3504/2001canlii3504.html.
  4. ,ON C.A. . Kelly v. Dosch . 2005 . CanLII . 8669 . http://www.canlii.org/en/on/onca/doc/2005/2005canlii8669/2005canlii8669.html.

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