What are the elements of negligent misrepresentation in a statement of claim?

British Columbia, Canada


The following excerpt is from Kimpton v. Canada (Attorney General), 2002 BCSC 1645 (CanLII):

CMHC contended that the statement of claim fails to set out the constituent elements of negligent misrepresentation required by Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at para. 33. Those elements are: (1) that a duty of care existed, based on a special relationship between the representor and the representee; (2) that the representation was untrue, inaccurate, or misleading; (3) that the representor acted negligently in making the representation; (4) that the representee reasonably relied upon the representation; and (5) that the reliance resulted in damage to the representee.

Other Questions


What are the elements required to succeed in a claim for negligent misrepresentation? (British Columbia, Canada)
What are the elements required to establish a claim of negligent misrepresentation? (British Columbia, Canada)
What are the elements for a negligent misrepresentation claim? (British Columbia, Canada)
What are the elements for a successful claim based on negligent misrepresentation? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What are the requirements for tort liability for misrepresentation in the context of a claim of negligent misrepresentation? (British Columbia, Canada)
What are the elements of negligent misrepresentation in the context of a claim brought by Citifund? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
What constitutes a fraudulent misrepresentation and a negligent misrepresentation? (British Columbia, Canada)
What are the elements of negligent misrepresentation in a real estate application? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.