What are the elements of negligent misrepresentation?

British Columbia, Canada


The following excerpt is from Chen v. Wong, 2009 BCSC 465 (CanLII):

Mr. Justice Iacobucci set out the elements of negligent misrepresentation in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110, 99 D.L.R. (4th) 626: (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.

I am satisfied that in the circumstances the defendants owed a duty of care to the plaintiffs to exercise reasonable care and not to mislead the plaintiffs; see Choi v. Paik, 2008 BCSC 1122, 48 B.L.R. (4th) 266. I do not understand the defendants to contend otherwise.

Other Questions


Is an innocent misrepresentation or a negligent misrepresentation? (British Columbia, Canada)
What is the test for negligent misrepresentation in the context of a fraudulent misrepresentation? (British Columbia, Canada)
What are the requirements for tort liability for misrepresentation in the context of a claim of negligent misrepresentation? (British Columbia, Canada)
What constitutes a fraudulent misrepresentation and a negligent misrepresentation? (British Columbia, Canada)
What constitutes negligent misrepresentation and fraudulent misrepresentation? (British Columbia, Canada)
What are the elements for a negligent misrepresentation claim? (British Columbia, Canada)
What are the elements of negligent misrepresentation in a real estate application? (British Columbia, Canada)
What are the elements of negligent misrepresentation in the context of a claim brought by Citifund? (British Columbia, Canada)
What are the elements required to establish a claim of negligent misrepresentation? (British Columbia, Canada)
What are the elements to establish liability for negligent misrepresentation? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.