FOR TORTS - Fraud and misrepresentation

Law360 Canada ( June 13, 2025, 3:53 PM EDT) -- Appeal by appellants from trial judge’s finding of liability and remedy in respondent’s (McKenzie-Barnswell) action against them seeking nullification of their mortgage and construction contract, alleging fraud. The respondent had a long-standing relationship with the appellant Joshi and relied on him for financial advice. Joshi, through his company Xpert Credit, issued mortgages to the respondent and recommended that she enter into a construction contract with a company called Right Choice Builders Inc. (Right Choice). Right Choice did not actually exist, and the construction work was poorly done and left incomplete. The respondent brought an action alleging fraud and seeking to set aside the mortgages and construction contract. The appellants submitted that the judge erred in finding unconscionability and fraudulent misrepresentation and in setting aside the entire mortgage and awarding an unspecified amount of damages for negligence and breach of contract. The respondent, by way of cross-appeal, submitted that she should be granted relief based on the Consumer Protection Act, undue influence, conversion, or set-off....
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