Can a representor be liable for negligent misrepresentation?

Ontario, Canada


The following excerpt is from Lucien Groulx & Son Planing & Saw Mill Ltd. v. Nipissing Forest Resource Management Inc., 2007 ONCA 801 (CanLII):

A representor is liable for damages on negligent misrepresentation where: (1) there exists a duty of care based on a “special relationship” between the representor and the representee; (2) the representation in question is untrue, inaccurate or misleading; (3) the representor acted negligently in making the representation; (4) the representee relied, in a reasonable manner, on the negligent misrepresentation; and (5) the reliance was detrimental to the representee in the sense that damages resulted. See Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110.

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