Latest Breaking News On - When isa fraudulent misrepresentation claim discoverable ontario amp 39s court of appeal provides guidance in the context ofa securities class action - Page 1 : comparemela.com
knowingly making the misrepresentations.
Under the
Limitations Act, 2002, a claim is
discovered when the person with the claim first knew or ought to
have known that the injury, loss or damage was caused by or
contributed to by an
act or omission (among certain
other criteria). As a claim necessarily involves a legal remedy,
the act or omission that must be discovered is one that will give
rise to a legal remedy,
i.e., a cause of action.
Therefore, the Court reasoned, in the case of a fraudulent
misrepresentation the act or omission that must have been
discovered is a misrepresentation