Whitla v Toye

Toye is accused of fraud and misrepresentation regarding the sale of 275 acres of fruit land near Slocan, British Columbia. Toye told the plaintiff that the land could be purchased for $35 an acre, but Toye himself could not take advantage of it, and encouraged Whitla to purchase the property. In fact, it could be acquired for $17 an acre. Further, the defendant is accused of giving a false description of the land’s facilities. MacDonald recommended the nullification of the purchasing agreement and the reimbursement of the plaintiff, including costs and interest.