What causes of action exist for misrepresentation and negligence?
Ontario, Canada
The following excerpt is from General electric capital Canada Inc. v. Deloitte & Touche LLP, 2002 CanLII 30158 (ON SC):
There are two causes of action advanced, namely negligent misrepresentation and negligence. From Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 it is clear that in order to establish a claim of negligent misrepresentation, the plaintiff must demonstrate the following: (i) a representation that is untrue, inaccurate or misleading; (ii) the representor was negligent in making the representation; (iii) a duty of care based on a special relationship between the representor and the representee; (iv) the representee reasonably relied upon the misrepresentation; and (v) the reliance resulted in damages suffered by the representee.
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