As affirmed in Van Beek v. Dodd, 2010 BCSC 1639 at para. 42, to succeed in a claim for fraudulent misrepresentation, the plaintiffs must establish that: a) the defendant made a representation of fact to the plaintiff(s); b) the representation was false in fact; c) the defendant knew that the representation was false when it was made, or made the false representation recklessly, not knowing if it was true or false; d) the defendant intended for the plaintiffs to act on the representation; and e) the plaintiffs were induced to enter into the contract in reliance upon the false representation and thereby suffered a detriment.
In Hanslo v. Barry, 2011 BCSC 1624 at para. 72, a case involving a real estate transaction, our court observed that “[t]he classic and most obvious form of fraud is where the vendor positively misstates to the purchaser facts, which he knows to be false, for the purpose of deceiving the purchaser.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.