Is a statement of claim for common law fraud or equitable fraud proper?
British Columbia, Canada
The following excerpt is from Sun-Rype Products Ltd. v. Archer Daniels Midland Company, 2007 BCSC 640 (CanLII):
In my view, the statement of claim does not properly disclose any claim for fraud, whether in the nature of common law fraud or equitable fraud. I agree with counsel for the defendants that fraud of whatever kind must be expressly alleged and accompanied by proper particulars: see, for example, Olenga v. Insurance Corp. of British Columbia, 2005 BCSC 1015.
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