Is a plaintiff required to establish that he or she was in fact deceived?
British Columbia, Canada
The following excerpt is from Ileman v. Rogers Communications Inc., 2014 BCSC 1002 (CanLII):
The case law is unclear as to whether a plaintiff is or is not required to establish that he or she was in fact deceived. In Knight v. Imperial Tobacco Canada Limited, 2005 BCSC 172 (“Knight v. Imperial Tobacco, (S.C.)”), an action involving alleged deceptive acts and practices surrounding the sale of light and mild cigarettes, Satanove J. stated, at paras. 29, 48-50:
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