In what circumstances will a plaintiff be awarded damages for misrepresentation?

Nova Scotia, Canada


The following excerpt is from Matheson v. CIBC Wood Gundy., 2014 NSSC 18 (CanLII):

In Northey-Taylor v. Casey, 2007 ABQB 113, aff’d 2008 ABCA 149, the plaintiff claimed negligent misrepresentation. At paras. 59 - 60 the judge found the plaintiff had in fact relied on the misrepresentation and that the detrimental reliance resulted in damages. Only then did the judge go on to consider whether the defendant had proved that the plaintiff would have entered into the transaction anyway.

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