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Officially Induced Error

A mistake of law caused by reliance upon erroneous legal advice obtained from an appropriate official.

In R v Crosswell, Justice Pringle wrote, at ¶14:

"(An) exception is recognized to the general rule that ignorance of the law is no excuse, for cases of officially induced error. However, in order to make out this defence, (the accused) must show that he considered the legal consequences of his actions and sought legal advice; the advice was obtained from an appropriate official; the advice was erroneous; he relied on it; and his reliance was reasonable."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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