Canada Case Law

Zuo v. Chen

Court

British Columbia Court of Appeal

Although the trial judge erred in parts of her legal analysis (notably on imputation), the essential findings stand: any representations were not intended to induce the appellant and did not induce her, the broker's alleged negligence was not shown to have caused the appellant's loss, the exclusion of certain expert opinions was harmless to the outcome, and the vendor validly accepted repudiation and recovered agreed damages; accordingly the appeals fail.

Source excerpt

• Fraudulent misrepresentation (deceit)
• Negligent misadvice by real estate broker
• Imputation of agent knowledge to principal
• Admissibility of expert evidence
• Causation in negligence
• Counterclaim for breach of contract; damages vs specific performance

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Mayer v. Merchant Law Group LLP

Court

Supreme Court of British Columbia

Class certification granted, subject to amendments, in a proposed class action alleging Merchant Law Group misused $500 retainers and made pay-to-play misrepresentations.

• Breach of trust
• Fiduciary duty of lawyers
• Negligent misrepresentation
• Fraudulent misrepresentation (deceit)
• Equitable fraud
• Contingent fee agreements

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Specialized Support Services of Nova Scotia Limited v. Babu

Court

Nova Scotia Small Claims Court

Specialized, being a corporation, is not a "tenant" within the meaning of the Nova Scotia Residential Tenancies Act and therefore cannot access the statutory remedies based on s.10AA; legislation or remedies from other provinces cannot be imported to create rights in Nova Scotia; moreover, deceit is not available because Specialized acted on an error of law without legal or practical compulsion to rely on it, so the claims fail and must be dismissed.

Source excerpt

• Tenant definition
• Purchaser occupancy affidavit
• Fraudulent misrepresentation (deceit)
• Mitigation
• Inter-jurisdictional legislative comparison

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Noble v. Hueson Pharmaceutical Corp.

Court

Supreme Court of British Columbia

Court found misrepresentations about Miralex’s approvals, steroid-free status, and matching investments. Plaintiffs recovered damages and related relief.

• Negligent misrepresentation
• Fraudulent misrepresentation (deceit)
• Rescission
• Damages and prejudgment interest
• Related party transactions
• Director/officer liability

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