What is the test for success in a special relationship case?
British Columbia, Canada
The following excerpt is from Perera et al v. De Groot et al, 2006 BCSC 1281 (CanLII):
To succeed the plaintiffs must show that: 1. The defendants owed them a duty of care based on a "special relationship"; 2. The defendants made a representation which was untrue, inaccurate or misleading; 3. The defendants acted negligently in making the representation; 4. The plaintiffs relied in a reasonable manner on the representation; and 5. The plaintiffs' reliance on the representation was detrimental in that it caused them damages. See: Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87. 1. Special relationship
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