How have the courts dealt with mistake and misrepresentation in factums and orally?
Alberta, Canada
The following excerpt is from Apex Corporation v. Ceco Developments Ltd., 2008 ABCA 125 (CanLII):
The parties argued mistake and misrepresentation by Apex in their factums and orally, and at one point the court asked them to consider Bell v. Lever Bros. [1932] A.C. 161(H.L.(E.)). And they argued this topic again in their December supplemental argument, even though they were not asked to address that (only being asked to address derivative contracts). The right of first refusal clause also gave a contractual duty to disclose at least some of Apex’s dealings.
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