In Cardwell v. Perthen, 2006 BCSC 333 [Cardwell], the plaintiffs sued the defendant for damages for a number of defects that they discovered after taking possession of a house. Having discovered the defects the plaintiffs resold the house at a loss and claimed damages equal to the amount of their loss on resale. The plaintiffs based their claim on negligence (including negligent misrepresentation), fraud and breach of contract.
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