The Ontario Court of Appeal has taken the same view, stating that reliance may be had on the representations in the disclosure statement even where they do not constitute warranties; liability for misrepresentation may also exist separately from the duty to warn: Krawchuk v. Scherbak, 2011 ONCA 352 at paras. 70, 77, 86-90, leave to appeal to SCC refused [2011] S.C.C.A. No. 319.
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