What is the test for a civil fraud?

Ontario, Canada


The following excerpt is from Russell v. Thompson, 2021 ONCJ 16 (CanLII):

18. In Anker v. Sattaur, [2007] O.J. 5257, the court writes at paragraph 115, “A civil fraud is proven when it is shown that a false representation has been made: (a) knowingly, or (b) without belief in its truth; or (c) recklessly, careless as to whether it is true or false.”

Other Questions


Does the pleading of equitable fraud constitute unconscionable or equitable fraud? (Ontario, Canada)
What steps have been taken in a civil action under Rule 1(8) of the Rules of Civil Procedure? (Ontario, Canada)
What is the standard of proof in civil fraud? (Ontario, Canada)
What are the elements of a civil fraud case? (Ontario, Canada)
Does s.29(1) of the Civil Code of Civil Procedure preclude vicariously liable actions from being brought by a plaintiff in a motor vehicle accident? (Ontario, Canada)
Can a motion judge strike a jury in a civil case because of the increased uncertainty in the Ottawa area due to the delay for any civil jury trial, in Ottawa? (Ontario, Canada)
What constitutes “other fraudulent means” in the context of corporate fraud? (Ontario, Canada)
What is the evidentiary burden of proving badges of fraud? (Ontario, Canada)
What is the test for proving dishonesty of fraud in a real estate transaction? (Ontario, Canada)
When will a court strike the jury in a civil matter in London? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.