Ontario, Canada
The following excerpt is from McKenna v. Gammon Gold Inc., 2010 ONSC 1591 (CanLII):
In Mondor v. Fisherman (2002), 22 C.P.C. (5th) 346, [2002] O.J. No. 1855, Cumming J. permitted a claim to proceed in a class action where the plaintiff alleged that the defendants were “willfully blind” and that they were reckless in their negligent misrepresentation, “not caring whether it was true or false.” There is no such pleading in this case. Apart from the request in para. 3(e) of the statement of claim for a declaration that the misrepresentations were made recklessly, and the heading before para. 202, there is no pleading of recklessness or willful blindness and certainly no pleading of fraud.
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