Can a forced air heating system be included with each unit?
Ontario, Canada
The following excerpt is from Theberge Developments Ltd. v. Aviva Insurance Company of Canada Inc., 2021 ONSC 7662 (CanLII):
The Disclosure Statement and specifications for the condominium units, stated that a forced air heating system would be included with each unit. These statements could be considered negligent misrepresentation, as defined in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 (SCC). The four requirements are: a duty of care, an untrue, inaccurate or misleading representation; the defendant acted negligently in making the misrepresentation; and the purchasers relied on the negligent misrepresentation to their detriment.
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