What are the elements of a negligent misrepresentation claim?

Alberta, Canada


The following excerpt is from Rozenhart v. Skier’s Sport Shop (Edmonton) Ltd., 2002 ABQB 509 (CanLII):

The case of Queen v. Cognos Inc. (1993), 1993 CanLII 146 (SCC), 99 D.L.R. (4th) 626 (S.C.C.) (“Cognos”) lists the five required elements for a successful negligent misrepresentation claim, at p. 643: (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 misrepresentation; (4) the representee must have relied, in a reasonable 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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