What is the test for negligent misrepresentation in the context of medical negligence claims?

Alberta, Canada


The following excerpt is from Waap v. Alberta, 2008 ABQB 544 (CanLII):

The claim of negligent misrepresentation in the context of a medical negligence claim is relatively unusual: K.D. v. British Columbia Women's Hospital 2004 BCSC 1568 at para. 312. The leading case of Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110, sets out the five requirements to establish the tort of negligent misrepresentation: 1) there must be a duty of care based on a special relationship between the representor and the representee; 2) the representation in question must be untrue, inaccurate, or misleading; 3) the representor must have acted negligently in making the misrepresentation; 4) the representee must have relied in a reasonable manner on the negligent misrepresentation; and 5) the reliance must have been detrimental to the representee in the sense that damage resulted.

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