Is a plaintiff entitled to be put in a position he or she would have been in if the misrepresentation had not been made?
Alberta, Canada
The following excerpt is from Gross v. The Great-West Life Assurance Co., 2000 ABQB 289 (CanLII):
The law is clear that “a plaintiff seeking damages in an action for negligent misrepresentation is entitled to be put in the position he or she would have been in if the misrepresentation had not been made”: Rainbow Industrial Caterers Limited v. C.N.R., 1991 CanLII 27 (SCC), [1991] 3 S.C.R. 3.
"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
Is a plaintiff entitled to double or increased costs because of an offer made before judgment? (Alberta, Canada)
What is the test for establishing that a plaintiff would not have had an operation? (Alberta, Canada)
Does a wrongful act, neglect or default that would have entitled the injured party to maintain an action and recover damages? (Alberta, Canada)
Is a plaintiff lawyer entitled to 12 months notice when he is dismissed by his employer? (Alberta, Canada)
Can a defendant defend using qualified privilege in a defamation action against a plaintiff who made a defamatory statement? (Alberta, Canada)
If plaintiff had retained the home and at the trial date could she say she intended to occupy or retain the home, and if so, would the cost of the home be taken into consideration for damages? (Alberta, Canada)
In calculating the amount of lump sum payments made by the wife to the husband on a lump sum lump sum payment, is the wife entitled to periodic maintenance payments? (Alberta, Canada)
What is the test for a judge's application of a "forthwith requirement" to a demand made by a plaintiff? (Alberta, Canada)
Is a plaintiff's estate entitled to receive payments from the operators of surface lease agreements? (Alberta, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
