Legal Blog

Misrepresentation

Guaranteed Funeral Deposits of Canada (Fraternal) v. Assurant Life of Canada 2022 Ont SCJ

One party obtained a second amendment to an agreement by assuring the other that the first amendment had incorrectly deleted a section. The other party, whose representative was not knowledgeable about the first amendment, relied on that representation and agreed to the second amendment. The other party then realised that the section had been deleted for a reason and that the second amendment ought not to have been granted. The motion judge held that the first party misrepresented and granted rescission.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.