What is the test for a claim based on lack of capacity to enter into a lease and/or misrepresentation to the prospective tenant?
British Columbia, Canada
The following excerpt is from Laplante Airport Holdings Ltd. v. Yes Capital Corp., 2013 BCSC 2326 (CanLII):
The petitioner argues that an essential element of the claim based on lack of capacity to enter into a lease and/or misrepresentation of that fact to a prospective tenant, is that the tenant must be able to prove that it suffered damages as a result. It argues that in tort, damages are not presumed, save for trespass or libel (Queen v. Cognos Inc., [1993] 1. S.C.R. 87).
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