Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 316
find that on the facts of this case, the Plaintiffs are entitled to recover concurrently in either contract
or tort.
[1184] The Plaintiffs’ claim here, whether in contract or in tort, is one for pure economic loss.
[1185] In Canadian National Railway Co. v. Norsk Pacific Steamship Co., [1992] 1 S.C.R. 1021,
2010 FC 495 (CanLII)
the Supreme Court of Canada recognized the right to recover for pure economic loss in both of the
torts which the Plaintiffs have made out.
[1186] In V.K. Mason Construction v. Bank of Nova Scotia, [1985] 1 S.C.R. 271, Justice Wilson
made the following observations at page 288 about damages in cases of negligent
misrepresentation:
(2) Although damages for negligent misrepresentation would
normally be assessed in terms of actual loss, including lost
opportunity, rather than loss of anticipated profit, in this case the
commercial context in which the parties operated dictates that
Mason’s loss should be calculated in the same way in tort as it would
be in contract. Mason is accordingly entitled to damages in the sum
of $1,138,151.63, being the entire balance outstanding under its
contract with Courtot, plus interest on this amount at the rate of 9 per
cent per annum from October 7, 1974 to March 21, 1980.
[1187] Further, I find that this is an action arising in a commercial context. The Plaintiffs’ losses
can be fairly and reasonably described as “expectation losses” and will be assessed accordingly.