What is a fraudulent misrepresentation and what is the test for it?
British Columbia, Canada
The following excerpt is from Hindi v. Teranishi et al, 2019 BCCRT 692 (CanLII):
24. In Shaughnessy v. Sidhu, 2016 BCPC 308, the judge said a fraudulent misrepresentation is a representation of fact made without any belief in its truth, with the intent that the person to whom it is made will act on it, and causing that person to act on it. As set out below, I find the applicant failed to establish these elements.
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