What facts are considered by the courts in determining whether a lot dimensions misrepresentation is material?
Ontario, Canada
The following excerpt is from Zhang v. Lin, 2020 ONSC 6559 (CanLII):
This issue has been raised in a number of cases involving real estate and the misstatement of lot dimensions. Facts that courts consider in determining whether the misrepresentation is material include: whether the discrepancy is so material that it would affect the purchase price; whether the discrepancy was known, or ought to have been known to the purchaser; and whether it would have impacted the decision of a reasonable person to purchase the property: Sankarsingh v. Ali, at paras. 65-68.
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