Monday, July 30, 2012

Allegations of negligent misrepresentation pertaining to future events are not actionable?

P.S.D. Enterprises Ltd. v. New Westminster (City), 2012 BCCA 319 states as settled law that a representation as to something happening in the future cannot found a claim for negligent misstatement. This proposition is not as certain as the Court suggests however this case is a good source for the supposedly trite law:
 
[66]        It is settled law that allegations of negligent misrepresentation pertaining to future events are not actionable at law: PD Management Ltd. v. Chemposite Inc.,2006 BCCA 489 (CanLII), 2006 BCCA 489, 58 B.C.L.R. (4th) 197.  In my opinion, PSD's allegation concerning the third reading representation cannot be sustained as it is, at root, a representation as to a future event.

1 comment:

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