BUSINESS TORTS IN CANADA

REQUIREMENTS

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The tort of civil fraud consists of four elements:

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1. A false representation made by the defendant;

2. Some level of knowledge of the falsehood of the representation on the part of the defendant     (whether through knowledge or recklessness); 

3. The false representation caused the plaintiff to act; and 

4. The plaintiff's actions resulted in a loss.

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Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8, at para. 21.

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NOTE: Civil fraud is also known as deceit or fraudulent misrepresentation.