The appellant challenged an order dismissing an action against individual corporate officers.
The court held that the pleadings against one respondent, if proven, could establish the tort of negligent misrepresentation, and found that the motions judge failed to apply or misapplied appellate authority rejecting a principled immunity for corporate officers acting in the interests of the corporation.
The appeal was therefore allowed in part, with the dismissal set aside as against one individual respondent.
Costs of the appeal and below were awarded to the appellant.