What constitutes a fraudulent misrepresentation?

British Columbia, Canada


The following excerpt is from Check v. Pacific Coast Yacht Sales Ltd., 2021 BCCRT 854 (CanLII):

22. A fraudulent misrepresentation occurs when a seller makes a representation of fact, the representation is false, the seller knew it was false or recklessly made it without knowing it was true or false, and the buyer is induced by the false representation to buy the item (see Ban v. Keleher, 2017 BCSC 1132 and Shaughnessy at paragraph 91).

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