Demarcus Sued Marguerite for Negligence

Demarcus sued Marguerite for negligence. She has relied on the defence of illegality. Which of the following statements is TRUE?

A) That defence may apply if the recovery of damages would allow Demarcus to avoid a criminal penalty.
B) The Supreme Court of Canada has done away with the defence of illegality on the basis that it often creates unfair results.
C) That defence could apply only if Demarcus committed a crime that was punishable by imprisonment.
D) That defence allows for the apportionment of responsibility between the parties.
E) That defence will not apply if it would re- enforce a criminal penalty.