Buyer told reason for sale was vendor’s grand‑daughter’s enrollment in school in different part of city — Agreement of purchase and sale entered into — Buyer subsequently learning there was a murder outside the property — Buyer refusing to complete transaction — Vendor claiming breach of contract —Buyer claiming right to rescind contract based on vendor having made fraudulent misrepresentation — When is materiality a requirement to establish actionable misrepresentation? — Where there is a misrepresentation by omission, what is material? — In the context of real estate transactions, should there be an obligation to disclose serious crimes peculiarly within the knowledge of the vendor which could negatively affect the value of property? — dismissed 11/14/19 — Supreme Advocacy acted as agent for the Respondent.
Read the lower court decision from the BCCA here.