What are the pleadings of misrepresentation and commissioning by commission or omission?
Ontario, Canada
The following excerpt is from Madryga v. Fortress Real Capital Inc., 2017 ONSC 4792 (CanLII):
Relying on Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, with respect to the pleadings of misrepresentation, the Fortress Defendants submit that the Plaintiffs have not pleaded the material facts to support a duty of care. Further, the Fortress Defendants submit that with respect to the pleadings of misrepresentation by commission or omission, the alleged misrepresentations are not pleaded with sufficient particularity as to when the statements were made, how they were made, by whom, on whose behalf, and to whom.
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