In what circumstances will a vendor be found liable for misrepresentation in a hydrology report?
British Columbia, Canada
The following excerpt is from Karner v Kuhnke, 2021 BCSC 1942 (CanLII):
In our case, it is a fact that the geotechnical engineers reported a significant hazard and the defendants' half-truths that bobbed and weaved around the fact that they had this report in hand are, in my view, misrepresentations of fact, not opinion. In Wiebe v. Gunderson, 2003 BCSC 1282, damages award varied, 2004 BCCA 456, the vendors sold a ranch and, in the course of doing so, made representations contrary to hydrology reports that were not disclosed to the purchasers. These misrepresentations formed grounds for finding the vendors liable in deceit. It seems to me there is a parallel between opinions in hydrology reports and opinions in a geotechnical report.
"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
In a personal injury action, in what circumstances will the individual defendant be found liable for negligence? (British Columbia, Canada)
In what circumstances will a defendant be liable for the entire amount of money he received in a transaction with a third party in which he is not liable? (British Columbia, Canada)
In what circumstances will a litigant be found liable for misrepresenting or exaggerating the facts of a claim? (British Columbia, Canada)
In what circumstances will a municipality be found liable in a claim brought by a homeowner whose drain is not connected to the municipal system? (British Columbia, Canada)
In what circumstances will a plaintiff be found liable for injuries sustained in a motor vehicle accident? (British Columbia, Canada)
In what circumstances will a lawyer be found guilty of professional misconduct for misrepresentation to a court or regulator? (British Columbia, Canada)
In what circumstances will a pedestrian be found liable if he or she is struck by a vehicle while crossing an intersection? (British Columbia, Canada)
In what circumstances will a driver be found liable for failing to yield the right-of-way? (British Columbia, Canada)
In what circumstances will an appraiser be found liable for failing to detect dry rot and insect infestation? (British Columbia, Canada)
In what circumstances will a plaintiff be found liable for the loss of life of a rescuer? (British Columbia, Canada)
