Can a claim for deceit or fraud include a claim of negligence or breach of fiduciary duty?
British Columbia, Canada
The following excerpt is from Skender v. Barker, 1987 CanLII 2428 (BC SC):
With respect, I accept the submission of counsel for the defendants on this point. He argued that Nocton v. Ashburton merely stands for the proposition that a claim for deceit or fraud can also emcompass a less serious complaint for negligence or breach of a fiduciary duty. In other words, the greater includes the lesser. But here, the plaintiffs are trying to suggest that their less serious claim of negligence should include the more serious complaint of breach of a fiduciary duty. In my view, that contention cannot stand and Nocton v. Ashburton is not authority for such a proposition.
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