What is the test for an agent to prove that a transaction was a true transaction?
Manitoba, Canada
The following excerpt is from Winnipeg (City) v. Caspian Projects Inc. et al., 2022 MBQB 53 (CanLII):
In situations involving a true transaction, the onus rests upon the agent to prove that the transaction was entered into after full and fair disclosure of all material circumstances and of everything known to him respecting the subject matter of the contract which would be likely to influence the conduct of the principal (see McNeel v. Low, 1962 CarswellBC 210, 35 D.L.R. (2d) 226 (BCCA), at paragraphs 23 – 24).
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