What are the defences of fraudulent misrepresentation, mistake, and breach of fiduciary duty?

British Columbia, Canada


The following excerpt is from Dalon v. Legal Services Society, 1995 CanLII 210 (BC SC):

55 The defendant's legal salvo to the plaintiff's fundamental assertion rests on the defences of fraudulent misrepresentation, mistake, estoppel, and breach of fiduciary duty, any one of which, counsel contends, renders the principle laid down in Bell v. Lever Bros. inapplicable. It is to those defences to which I now turn. Fraudulent Misrepresentation

Other Questions


Can an individual who makes allegations of breach of fiduciary duty, intentional misrepresentation and an insupportable claim for punitive and exemplary damages receive special costs? (British Columbia, Canada)
Can a plaintiff bring a claim against a physician in negligence, breach of contract and breach of fiduciary duty? (British Columbia, Canada)
Can an individual who makes allegations of breach of fiduciary duty, intentional misrepresentation and an insupportable claim for punitive and exemplary damages be awarded special costs? (British Columbia, Canada)
When a managing director of a company acts in breach of his fiduciary duties to the company, does he have to disclose to the purchaser of a part of the company’s business? (British Columbia, Canada)
What constitutes negligent misrepresentation and fraudulent misrepresentation? (British Columbia, Canada)
What is the test for damages arising out of a breach of fiduciary duty? (British Columbia, Canada)
What is the proper measure of damages for a claim for a breach of fiduciary duty? (British Columbia, Canada)
How have damages been assessed in a breach of fiduciary duty case? (British Columbia, Canada)
Is there any case law where a plaintiff’s claim against a former trustee in bankruptcy for negligence and breach of fiduciary duty is found to be an abuse of process? (British Columbia, Canada)
What is the test for a claim for breach of trust and fiduciary duty? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.