What is the test for material inducement in real estate transactions?

Saskatchewan, Canada


The following excerpt is from Credit Bureau of Regina Ltd. v. Adpat Holdings Ltd., Paterson and Addie and Reid, 1984 CanLII 2645 (SK QB):

In Hinchey v. Gonda, [1955] O.W.R. 125, at p. 127 the court held: A misrepresentation, to be material, must be one necessarily influencing and inducing the transaction and affecting and going to its very essence and substance. Misrepresentations which are of such a nature as, if true, to add substantially to the value of property, or are calculated to increase substantially its apparent value, are material. The test, therefore, of material inducement is not whether the person’s conduct would, but whether it might have been different if the misrepresentation had not been made. ... Moreover, representations which are alleged to have been made must be construed with reference to the circumstances present to the minds of all the parties when they were made.

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