What is the test for determining whether a misrepresentation is false, misleading or deceptive?
Ontario, Canada
The following excerpt is from Ramdath v. George Brown College, 2010 ONSC 2019 (CanLII):
As Hoy J. noted in Matoni v. C.B.S., at para. 149, the determination of whether a representation is false, misleading or deceptive can be made on an objective basis. Moreover, a consumer invoking s. 18 of the Consumer Protection Act, 2002 does not have to establish that he or she relied on the representation or was induced to enter the contract based on the representation (see Matoni v. C.B.S., at para. 155).
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