What is the current requirement for a successful claim of negligent misrepresentation?

Ontario, Canada


The following excerpt is from Clysdale v. Berkshire Investment Group Inc., 2006 CanLII 45083 (ON SC):

Counsel agreed in their submissions that the current requirement for a successful claim of negligent misrepresentation has been set out in the decision of Queen v. Cognos Inc.[4]: 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 said misrepresentations; 4) The representee must have relied, in a reasonably manner, on said negligent misrepresentation; 5) The reliance must have been detrimental to the representee in the sense that damages resulted.

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