What relationship exists between a plaintiff and a group of Realtors?

British Columbia, Canada


The following excerpt is from 0742848 B.C. Ltd. v 426008 B.C. Ltd., 2019 BCSC 1869 (CanLII):

The relationship of proximity between the Realtors and the plaintiff is even less proximate than the plaintiff’s relationship with the Mortgagees. The Realtors were retained to assist the Mortgagees in exercising the exclusive conduct of sale that was granted to them by court order. The Realtors did not have a contractual relationship with the plaintiff. In order to establish proximity in these circumstances, the plaintiff must plead facts that establish these Realtors undertook, whether expressly or inferentially, to provide their services to the plaintiff in circumstances that invited the plaintiff’s reasonable reliance: Livent at para. 30; Burke v. Watson & Barnard (A Firm), 2016 BCCA 439 at para. 72.

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