What are the requirements for a tort of negligent misrepresentation?

British Columbia, Canada


The following excerpt is from Moon v. Golden Bear Mining Ltd., 2012 BCSC 829 (CanLII):

The requirements for a successful claim for the tort of negligent misrepresentation, as laid out in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110 [Cognos], are well-known: 1) there must be a duty of care based on a "special relationship" between the representor and the representee; 2) the representation of fact 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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