What is the test for a negligent representation claim?
British Columbia, Canada
The following excerpt is from 1893569 Alberta Ltd. v. Maryon, 2017 BCPC 417 (CanLII):
In order to succeed with a claim of negligent representation, the claimant must prove the following five elements set out in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87: a. there was a duty of care based on a special relationship between the claimant and defendant; b. the defendant made a representation which was false, inaccurate or misleading; c. the defendant acted negligently in making the representation; d. the claimant reasonably relied on the representation; and e. in consequence of that reliance, the claimant suffered damages.
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