Does a party who alleges fraudulent misrepresentation have to prove that the misrepresentation is not a "material fact" in order to succeed in their claim?
British Columbia, Canada
The following excerpt is from McGuire v Kernel Construction & Development Ltd., 2019 BCSC 58 (CanLII):
In Nielson v. Lam, 2010 BCSC 1702 at para. 79 [Nielson], Madam Justice Brown held that a party alleging a fraudulent misrepresentation bears the burden of proving that the representation is one of a “material fact”. Materiality is determined objectively: Genesis at paras. 15-17.
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