Can a contract be set aside on the basis of fraudulent misrepresentation?
British Columbia, Canada
The following excerpt is from Northwest Waste v. Andreas Restaurant Ltd., 2016 BCPC 395 (CanLII):
Andreas has not strictly proven the fraudulent misrepresentation it alleges. It has not demonstrated the alleged misrepresentation was made in relation to an existing fact that was material or substantial, or went to the root of the contract [Ross v. Mross (Mross Imports), 2011 BCSC 935, para. 15]. Therefore, the Agreement cannot be set aside on this basis.
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