Can a plaintiff plead negligent misrepresentation and breach of contract?
Ontario, Canada
The following excerpt is from Theberge Developments Ltd. v. Aviva Insurance Company of Canada Inc., 2021 ONSC 7662 (CanLII):
In Fridel Limited v. Intact Insurance co., 2018 ONSC 5923, the plaintiffs pleaded both negligent misrepresentation and breach of contract. The plaintiff sold a series of lots to a number of purchasers. The purchasers alleged that the plaintiff had misrepresented the size of the lots, as the frontage turned out to be smaller than represented. The purchasers claimed damages based on the misrepresentation and breach of contract based on the reduced size of their properties.
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