Counsel for the defendant distinguished Moran v. Pyle Nat. (Can.) Ltd., referring to J. Nunes Diamonds Ltd. v. Dom. Elec. Protection Co, 1972 CanLII 12 (SCC),  S.C.R. 769, 26 D.L.R. (3d) 699. In the Nunes case the plaintiff diamond merchant's safe was protected by the defendant's alarm system. After a burglary at the premises of another diamond merchant using the same system the plaintiff asked the defendant to send someone to inspect its system. This was duly done and assurances were given the plaintiff as to the efficacy of the system, which assurances were unwarranted.
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