Does the rule in Foss v Harbottle apply to fraudulent misrepresentation and conspiracy?

Ontario, Canada


The following excerpt is from Midland Resources Holding Limited v. Shtaif, 2017 ONCA 320 (CanLII):

Consequently, the rule in Foss v. Harbottle does not apply to the respondents' claims for fraudulent misrepresentation and conspiracy. I will deal with their claims for breach of fiduciary duty later in these reasons.

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