What are the requirements for a successful claim in negligent misrepresentation?

British Columbia, Canada


The following excerpt is from Grey Mortgage Investment Corp. v. Campbell & Pound Ltd., 2002 BCSC 685 (CanLII):

In Queen v. Cognos Inc., Iacobucci J. set out the five general requirements for a successful claim in negligent misrepresentation at p. 110: (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 said 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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