Can a defendant at trial advance the defence of misrepresentation at trial?

The respective defences of misrepresentation and fraud involve different issues. See Vaughan v. Richardson (1892), 1892 CanLII 94 (SCC), 21 S.C.R. 359, where it was held that a plea of fraud does not allow a defendant at trial to advance the defence of misrepresentation where such plea has not been pleaded. Without evidence of any special circumstance I have no hesitation in the circumstances of this application in refusing to allow the defendant the amendments it seeks.

As stated earlier herein, learned counsel for the plaintiff raised other objections to the motion. First he submitted that as there was no material before me making out a case for the allowance of the plea of fraud, the motion not being supported by any such material must consequently be dismissed. I am in agreement with the submission: see Keenoy v. Keenoy, 1921 CanLII 233 (SK QB), [1921] 1 W.W.R. 1114, 59 D.L.R. 699 (Sask.).