What is the duty of care of a solicitor in dealing with representations?
Canada (Federal), Canada
The following excerpt is from South Yukon Forest Corporation v. Canada, 2010 FC 495 (CanLII):
Cognos affirmed that a duty of care exists with respect to representations when a "special relationship" between the representor and representee is present. As explained in Hercules, utilizing the Anns v. Merton test, such a "special relationship" exists prima facie when reliance by the representee is both reasonably foreseeable and reasonable in the circumstances (at paragraph 43):
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