Can a common law misrepresentation claim be certified alongside a statutory cause of action?
Ontario, Canada
The following excerpt is from Abdula v. Canadian Solar, 2015 ONSC 53 (CanLII):
In Green v. CIBC at paragraphs 102 and 103, Court of Appeal approved of parallel claims of common law misrepresentation and the statutory cause of action being certified. At paragraph 103, the court stated: However, if the motion judge intended to say that no issues in the entire common law misrepresentation claim can be certified alongside the statutory claim, that suggestion conflicts with s. 138.13 of the Securities Act, which provides: The right of action for damages and the defences to an action under s. 138.3 are in addition to, and without derogation from, any other rights or defences the plaintiff or defendant may have in an action brought otherwise than under this Part.
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