What are the requirements for establishing liability for negligent misrepresentation?

Alberta, Canada


The following excerpt is from Semeniuk v. Key Home Inspections Ltd., 2013 ABPC 254 (CanLII):

The five general requirements for establishing liability for negligent misrepresentation are definitively set out in Queen v. Cognos Inc, 1993 CanLII 146 (SCC), [1993] 1 SCR 87 at 110 [Cognos]: “(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; and (5) the reliance must have been detrimental to the representee in the sense that damages resulted.”

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