What are the elements of a tort for negligent misrepresentation?

British Columbia, Canada


The following excerpt is from McIntosh v. Papoutsis, 2009 BCSC 174 (CanLII):

In Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at ¶34, 99 D.L.R. (4th) 626, the court outlined the elements that must be established to maintain a cause of action in tort for negligent misrepresentation: (a) There must be a special relationship between the parties giving rise to a duty of care; (b) There must be a misrepresentation which is untrue, inaccurate, or misleading; (c) The representor must have acted negligently in making the said representation; (d) There must be reasonable reliance placed on the negligent misrepresentation; and (e) The reliance must have been detrimental to the plaintiff in the sense that damages resulted.

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