29 April 1999

Appeal T-207-91

At issue was whether the Crown was liable for negligent misrepresentation, resulting in economic damage, for failing to inform the plaintiff of the date of the auction at which the goods seized as forfeit from him were sold.

HELD:

Action dismissed. A reasonable importer would not assume that the Minister had undertaken to inform a prior owner of goods seized as forfeit under the Act, of the date and location of the sale of those goods. No duty of care can arise, in relation to the sale of the goods in question, from the wording of the letter received by the plaintiff from the Minister.