What is the test for disclosing a cause of action in contract?

Ontario, Canada


The following excerpt is from Gardner v. General Motors of Canada Limited, 2007 CanLII 58481 (ON SC):

The defendants submit that the plaintiffs' pleadings do not disclose a cause of action in contract. They maintain that the cause of action pled is not based on a single, clear contractual undertaking but is founded on a number of representations made in a variety of documents. The defendants contend that this is really a claim for negligent misrepresentation but the amended statement of claim fails to address any of the elements necessary to establish a cause of action for misrepresentation: see Queen v. Cognos 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at para. 33. They submit that the plaintiffs have avoided framing their action as a claim for negligent misrepresentation because of the requirement to establish individual detrimental reliance which has often been considered an impediment to certification.

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