What is the mental element of a corporation's representation that a reclaimed landfill exists on the property?
Alberta, Canada
The following excerpt is from Motkoski Holdings Ltd. v. Yellowhead (County), 2008 ABQB 454 (CanLII):
This representation was knowingly false since the defendant had corporate knowledge that a registered reclaimed landfill existed on the site making the property dangerous for human habitation. The mental element is broadened in some case law to include recklessness; not caring whether it is true or false. (Derry v. Peek (1889), 14 A.C.337 (U.K.H.L.) The defendant’s corporate knowledge, and its disregard of the existing zoning information showing a registered nuisance ground on the precise location of Lot 1, proves the defendant recklessly disregarded the truth. The degree of its recklessness is further proven by the fact that despite anecdotal evidence pointing to historical dumping, the defendant failed to consult the historical documents in its possession.
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