What constitutes a "misrepresentation" in an advertisement?

British Columbia, Canada


The following excerpt is from Jagpal v. The Brick Warehouse LP, 2019 BCCRT 1295 (CanLII):

20. A “misrepresentation” is a false statement of fact made during negotiations or in an advertisement that has the effect of inducing a reasonable person to enter into the contract. To succeed on a claim for negligent misrepresentation, the applicant has to establish that: a. The respondent owned the applicant a duty of care to provide accurate information; b. The respondent made a representation to her; c. The representation was untrue or misleading; d. The applicant reasonably relied on the misrepresentation; and e. The reliance caused the applicant’s loss. See: Van Beek v. Dodd, 2010 BCSC 1639.

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