What constitutes negligent misrepresentation in a claim?
Ontario, Canada
The following excerpt is from Coco v. Willms, 2019 ONSC 6857 (CanLII):
Negligent misrepresentation occurs when: (a) a duty of care exists between the representor and the represented; (b) the representation made to the represented was untrue, inaccurate or misleading; (c) the representation was made negligently; (d) the represented reasonably relied on the misrepresentation; and (e) the represented suffered damages as a result of the reliance: The Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, at para. 34 [Cognos].
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