What is the test for damages for misrepresentation?

British Columbia, Canada


The following excerpt is from Findler v. Christensen, 2021 BCCRT 197 (CanLII):

27. Damages for negligent misrepresentation are intended to put the purchaser in the same position they would have been in, if the misrepresentation had not been made. The purchaser must establish, on a balance of probabilities, what that position would have been (see O’Shaughnessy v. Sidhu, 2016 BCPC 308).

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