What are the requirements for a successful claim for negligent misrepresentation?

Ontario, Canada


The following excerpt is from Premium Properties Ltd. v. Colonia Life Holdings Ltd., 2004 CanLII 34410 (ON SC):

The requirements for a successful claim for negligent misrepresentation, as outlined in Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110 are: 1) the existence of 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 reasonably relied on the representation; and 5) the reliance must have resulted in damage to the representee.

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