Is a statement in a property condition disclosure statement a "representation"?

British Columbia, Canada


The following excerpt is from Ward v. Smith, 2001 BCSC 1366 (CanLII):

For the purpose of her analysis of a similar statement in a property condition disclosure statement in Streichert v. Hryniuk, 2000 BCSC 10, at para. 52, Madam Justice Neilson referred to the statement as a “representation”. However, she found that the representation (in the context of an analysis of a claim for negligent misrepresentation) was neither untrue, inaccurate nor misleading.

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