What must be proved when a party is seeking rectification on the basis of unilateral mistake?
British Columbia, Canada
The following excerpt is from British Columbia (Technology, Innovation and Citizens’ Services) v Columbus Real Estate Inc., 2017 BCSC 940 (CanLII):
In Fraser v. Houston, 2006 BCCA 66, Lowry J.A. discussed what must be proved where a party is seeking rectification on the basis of unilateral mistake, and whether constructive knowledge on the part of the other party is sufficient. He wrote, at para. 42:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
Does a party seeking derivative relief need to prove that it is in good faith? (British Columbia, Canada)
Is rectification of a document when there is a mistake common between the parties? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Is a third party notice seeking contribution and indemnity from third party religious orders that were responsible for supervision and operation of residential schools? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
In what circumstances will the Court of Justice Huddart refuse to grant relief to a party who is seeking to set up his own fraud as a basis for relief? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What is the impact of Justice Griffin's comments in the context of the Court of Appeal's decision in the case of the unsuccessful party seeking special costs against the successful party? (British Columbia, Canada)
What is the test for proving that a party is not a party to a claim of family debt? (British Columbia, Canada)
