In what circumstances will a plaintiff be successful in an action for fraud?
British Columbia, Canada
The following excerpt is from Dusik v. Newton, 1985 CanLII 406 (BC CA):
In order to succeed in an action for fraud the plaintiff must prove not only a false representation of fact but also that the representation was made with knowledge of its falsity. In other words, the plaintiff must prove that the defendant had no honest or genuine belief in the thrust of the representation. See Derry v. Peek at pp. 374-76. See also Salmond and Heuston on Torts at pp. 365-68.
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