... of s.2 (2) becomes clearer, against the backdrop of the rest of the Act. Judge Raymond Jack, QC, in making this statement, was essentially quoting the essence of s.2(2), that the court's power to award damages in lieu of rescission depended to a large degree on the party's continuing existence of the right to rescind. In other words, the right to rescind can exist in a situation where the courts do not think that damages would be an appropriate remedy, but the awarding of damages for misrepresentation, where a person has "entered into a contract after a misrepresentation has been made otherwise than fraudulently," cannot exist without the right of rescission, on which it is predicated, first having been established. Therefore, the interdependence between these two remedies only works in one direction. This is confirmed in s. 2(3) of the Act, which makes it clear that the statutory power that ...

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