Is active concealment a claim of fraud?
British Columbia, Canada
The following excerpt is from Woods v. Lillies, 2017 BCPC 331 (CanLII):
The allegation of active concealment is in effect a claim of fraud: Nixon v. MacIver, 2016 BCCA 8. An allegation of dishonesty by concealing defects is a serious allegation which must be established on a balance of probabilities with clear and convincing evidence.
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