What is the test for a plaintiff to prove a lack of informational disclosure in a claim?
Alberta, Canada
The following excerpt is from Skeels (Estate of) v. Iwashkiw, 2006 ABQB 335 (CanLII):
As pointed out in Seney v. Crooks, [1998] A.J. No 1060, 1998 ABCA 316 a trial judge should first determine on a balance of probabilities whether the plaintiff has proven a lack of informational disclosure. The review then passes to the causation issue. D. The Informational Component
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