What is the test for a misrepresentation of a good in an advertisement?

British Columbia, Canada


The following excerpt is from Krotz v. Willis, 2020 BCCRT 877 (CanLII):

18. A “misrepresentation” is a false statement of fact made during negotiations or in an advertisement. If a seller misrepresents the condition of a good, the buyer may be entitled to compensation for losses arising from that misrepresentation. However, the seller must have acted negligently or fraudulently in making the misrepresentation, the buyer must have reasonably relied on the misrepresentation to enter into the contract, and the reliance “must have been detrimental in the sense that damages resulted” (see Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 SCR 87 at paragraph 110).

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