“Sophistry” – A specious, hair-splitting argument, short on logic, which fails for lack of legal foundation.
Sophistry is related to “cavil,” as a legal argument that fails for lack of foundation.
Cases that describe or illustrate sophistry include:
- R. v. Wood, 1995 CanLII 7424 (ON SC) — 1995-04-25. In Wood, a professional engineer argued his Charter rights were impugned by a provision in the Occupational Health and Safety Act.
- AXA Insurance v. Dominion of Canada Insurance Co., 2004 CanLII 34995 (ON CA) — 2004-11-04
This case involves a boat, a bungee cord and three insurance companies.
- R. v. Baldree, 2012 ONCA 138 (CanLII) — 2012-03-02. Are implied assertions hearsay exceptions or legal backwaters?