What are the elements to establish liability for negligent misrepresentation?

British Columbia, Canada


The following excerpt is from Redekop Properties (Cumberland) Inc. v. Canada Mortgage and Housing Corp., 1999 CanLII 4296 (BC SC):

The elements to be proved to establish liability for negligent misrepresentation are set out in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87. Taken from the head note they are: 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 the misrepresentation; 4. the representee must have relied, in a reasonable manner, on the negligent misrepresentation; and 5. the reliance must have been detrimental to the representee in the sense that damages resulted.

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