What is the test for a litigant to be successful in claiming damages for misrepresentation?
British Columbia, Canada
The following excerpt is from Wang v Wang, 2017 BCSC 2395 (CanLII):
The comments of Southin J., as she then was, in Le v. Milburn, [1987] B.C.J. No. 2690 at para. 2 (S.C.) are apt in the circumstances of this case: When a litigant practices to deceive, whether by deliberate falsehood or gross exaggeration, the court has much difficulty in disentangling the truth from the web of deceit and exaggeration. If, in the course of the disentangling of the web, the court casts aside as untrue something that was indeed true, the litigant has only himself or herself to blame.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a successful litigant be held liable for the costs of a successful plaintiff who deliberately provides false evidence at any stage of the litigation? (British Columbia, Canada)
Is there any distinction between damages for the taking of a Crown grant mineral claim which is a chattel and damages for taking a Crown Grant mineral claim that is a interest in land? (British Columbia, Canada)
Can an individual who makes allegations of breach of fiduciary duty, intentional misrepresentation and an insupportable claim for punitive and exemplary damages receive special costs? (British Columbia, Canada)
What are the requirements for a successful negligent misrepresentation claim? (British Columbia, Canada)
Does a plaintiff have an obligation to reduce their damages by reducing the damages in the context of a claim? (British Columbia, Canada)
In what circumstances will the Director of Directors of a Corporation be able to claim that a claim against the Corporation is based on an allegation that the Corporation has not paid the Director a fair share of the proceeds of litigation? (British Columbia, Canada)
How have the Kwans been successful in their claim for damages against their former lawyers? (British Columbia, Canada)
What are the requirements for tort liability for misrepresentation in the context of a claim of negligent misrepresentation? (British Columbia, Canada)
What is the test for “substantial success” in determining whether either party had a good chance of success in their claim? (British Columbia, Canada)
