Can silence amount to fraud?
Alberta, Canada
The following excerpt is from Northwest Life Assurance Company of Canada v. Constam, 2001 ABQB 317 (CanLII):
The classical statement of the law that silence cannot amount to fraud is found in the case of Peek v. Gurney et al (1873) 22 W.R. 29 at p. 32 where the court held that for there to be fraud there must be some positive action done with the express purpose to deceive.
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