What are the elements required to make out a claim of negligent misrepresentation?

Ontario, Canada


The following excerpt is from Fiorillo v. Krispy Kreme Doughnuts Inc., 2009 CanLII 29902 (ON SC):

In Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, [1993] S.C.J. No. 3, at para. 33, the required elements that must be satisfied to make out a successful claim of negligent misrepresentation were stated: (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 the said negligent misrepresentation; and (5) the reliance must have been detrimental to the representee in the sense that damages resulted.

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