What are the factors used to determine negligent misrepresentation?

Ontario, Canada


The following excerpt is from Arjomandi v. Singh and BMW Canada, 2010 ONSC 5664 (CanLII):

There are five factors for negligent misrepresentation: 1. There must be a duty of care based on a special relationship between the representor and the representee; 2. The representation 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 damages resulted. (Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87)

In Parsons v. Ploen, 2009 ABPC 3 (CanLII), the court found that the defendant made inaccurate and misleading representations about the vehicle being a great car in good condition. The car could not pass inspection without major repairs and upgrades more than double the cost of the vehicle itself. There, the plaintiff relied on the representations to her detriment (she relied on the statements in deciding to buy it and she lost her purchase monies and no longer had a vehicle in a condition to be driven at all.)

Other Questions


Is contributory negligence not a factor in determining whether the city owes the Biskey damages? (Ontario, Canada)
What factors factor in determining whether a child becomes disentitled to support for education expenses after leaving the relationship? (Ontario, Canada)
Is fact evidence relevant in determining whether a party has been negligent in a prior negligence claim? (Ontario, Canada)
Is a pleading of negligent misrepresentation in a claim for damages arising in negligence simpliciter? (Ontario, Canada)
What factors are considered to be determinative in determining whether a person will be successful in their claim to be a property owner? (Ontario, Canada)
What is the test for determining liability for negligent misrepresentations? (Ontario, Canada)
What are the factors used by the court to determine whether a spouse is entitled to occupation rent when they are no longer paying support? (Ontario, Canada)
When will a court consider the location of expert witnesses as a factor in determining the venue of a trial? (Ontario, Canada)
What factors will be considered in determining the outcome of a civil case? (Ontario, Canada)
What factors must be considered in determining whether to enforce a settlement under Rule 49.09? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.