Agar Corporation Ltd v Lee, 2019 ABQB 886

JudgeHonourable Madam Justice N. Dilts
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateNovember 21, 2019
JurisdictionAlberta
Citations2019 ABQB 886
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5 practice notes
  • 956126 Alberta Ltd v JMS Alberta Co Ltd,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 19 Noviembre 2020
    ...the exchange of subsequent written arguments, JMS referred to caselaw involving fraudulent misrepresentation: Agar Corporation Ltd v Lee, 2019 ABQB 886; 1234389 Alberta Ltd v 606935 Alberta Ltd, 2020 ABQB 28. However, JMS did not expressly reframe the cause of action as something other than......
  • Zerbin v Vrbanek,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 18 Diciembre 2020
    ...the recipient is irrelevant to a determination of whether his conduct amounts to a false representation”: Agar Corporation Ltd v Lee, 2019 ABQB 886 at para 66; citing Village on the Park, Re, 2009 ABQB 497 at para [146] Second, there is the nature of the representation: · To constitute civi......
  • Investment Advisor Liability In Canada: Common Claims And Recent Decisions
    • Canada
    • Mondaq Canada
    • 12 Mayo 2023
    ...a fiduciary duty owed by the advisor to the client and that the advisor had breached that fiduciary duty. Agar Corporation Ltd v. Lee, 2019 ABQB 886. This decision is an example of a successful claim against an investment advisor for civil fraud, breach of fiduciary duty and negligence. In ......
  • Wu v. Ma,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 5 Octubre 2022
    ...without any independent diligence to the advisor’s recommendation. [211]    In Agar Corporation Ltd. v. Lee, 2019 ABQB 886 at para. 93 [Agar], Justice Dilts’ comments are instructive with respect to whether the investment advisor in that case breached his f......
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4 cases
  • 956126 Alberta Ltd v JMS Alberta Co Ltd,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 19 Noviembre 2020
    ...the exchange of subsequent written arguments, JMS referred to caselaw involving fraudulent misrepresentation: Agar Corporation Ltd v Lee, 2019 ABQB 886; 1234389 Alberta Ltd v 606935 Alberta Ltd, 2020 ABQB 28. However, JMS did not expressly reframe the cause of action as something other than......
  • Zerbin v Vrbanek,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 18 Diciembre 2020
    ...the recipient is irrelevant to a determination of whether his conduct amounts to a false representation”: Agar Corporation Ltd v Lee, 2019 ABQB 886 at para 66; citing Village on the Park, Re, 2009 ABQB 497 at para [146] Second, there is the nature of the representation: · To constitute civi......
  • Wu v. Ma,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 5 Octubre 2022
    ...without any independent diligence to the advisor’s recommendation. [211]    In Agar Corporation Ltd. v. Lee, 2019 ABQB 886 at para. 93 [Agar], Justice Dilts’ comments are instructive with respect to whether the investment advisor in that case breached his f......
  • 1234389 Alberta Ltd v 606935 Alberta Ltd, 2020 ABQB 28
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • 10 Enero 2020
    ...condition of the Land. [127]       As recently summarized by this Court in Agar Corporation Ltd v Lee, 2019 ABQB 886 at para A false representation includes express dishonesty, like deceitful or false statements, and the deliberate failure to disclose material ......
1 firm's commentaries
  • Investment Advisor Liability In Canada: Common Claims And Recent Decisions
    • Canada
    • Mondaq Canada
    • 12 Mayo 2023
    ...a fiduciary duty owed by the advisor to the client and that the advisor had breached that fiduciary duty. Agar Corporation Ltd v. Lee, 2019 ABQB 886. This decision is an example of a successful claim against an investment advisor for civil fraud, breach of fiduciary duty and negligence. In ......

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