Is a defendant liable in damages for negligent misrepresentation?

Ontario, Canada


The following excerpt is from Silver v. Imax Corporation, 2009 CanLII 72334 (ON SC):

Generally, a defendant is liable in damages for negligent misrepresentation if (a) the defendant owed a duty of care to the plaintiff based on a “special relationship”; (b) the defendant made an untrue, inaccurate or misleading representation; (c) the misrepresentation was made negligently; (d) the plaintiff reasonably relied on the misrepresentation; and (e) the plaintiff suffered damages as a result of the misrepresentation (Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110).

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