What is the test for a claim in negligent misrepresentation?

Nova Scotia, Canada


The following excerpt is from Matheson v. CIBC Wood Gundy., 2014 NSSC 18 (CanLII):

The test for a claim in negligent misrepresentation has five requirements, set out in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 SCR 87: i. There must be a duty of care based on a "special relationship" between the representor and the representee; ii. The representation in question must be untrue, inaccurate, or misleading. iii. The representor must have acted negligently in making said misrepresentation. iv. The representee must have relied, in a reasonable manner, on said misrepresentation. v. The reliance must have been detrimental to the representee in the sense that damages resulted.

Other Questions


Is a skid consistent with negligence or no negligence? (Nova Scotia, Canada)
Is it negligent misrepresentation if a listing cut inadvertently advertises a house as being nine years old instead of 19 years old? (Nova Scotia, Canada)
What are the requirements for establishing negligent misrepresentation? (Nova Scotia, Canada)
What is the test for a claim of negligence in a motor vehicle accident? (Nova Scotia, Canada)
In what circumstances can a plaintiff claim damages for misrepresentation in a property condition disclosure statement? (Nova Scotia, Canada)
What is the limitation period for a claim against a defendant who has been denied a claim for over a year? (Nova Scotia, Canada)
Is a plaintiff required to provide expert evidence to support her claim for medical negligence? (Nova Scotia, Canada)
What is the test for a claim for misrepresentation? (Nova Scotia, Canada)
Is there any case law where there is no expert evidence to support a claim of negligence? (Nova Scotia, Canada)
Is a defendant liable to a plaintiff's claim that they could reasonably have avoided some part of the loss claimed? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.