What is the test for the tort of fraudulent misrepresentation in a family law matter?

Ontario, Canada


The following excerpt is from PP v. DD, 2017 ONCA 180 (CanLII):

Citing further from the reasons of Wilson J. in Frame v. Smith, at paras. 46-47, the motion judge held that it was plain and obvious that the civil claim before him should not be permitted to extend the tort of fraudulent misrepresentation into the context of a family law conflict of this nature. This is because it would not appear to be in the best interests of children to do so.

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