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FRAUD AND MISREPRESENTATION - Fraudulent misrepresentation - Specific elements - Recklessness of truth or falsity

Friday, December 01, 2017 @ 9:02 AM  

Appeal by the defendant, Yangarra Resources, from a chambers decision granting summary judgment in favour of the plaintiff, Precision Drilling Canada Limited Partnership. The plaintiff sought payment of unpaid fees for drilling three oil wells for the defendant. The parties utilized a standard form contract reflecting a "no-fault" industry practice in which each party bore any risk of damages to its own assets. The defendant refused payment on the basis of breach of contract, gross negligence, willful misconduct, fraudulent misrepresentation, and breach of duties of honesty...