Can the alleged omissions of information provided by Cognos be the basis for a negligent misrepresentation claim?

Ontario, Canada


The following excerpt is from Lysko v. Braley, 2006 CanLII 9038 (ON CA):

The motions judge also held at para. 55 of her reasons that the alleged omissions could not be the basis for a claim of negligent misrepresentation. She distinguished Cognos, supra, from the claims made by the appellant in these terms: In my view, there is a significant difference between making no representation, which is the complaint in this pleading, and making a representation or set of representations that reasonably leads or is calculated to mislead the recipient of the information to an inference which is not true. The latter is what occurred in Queen v. Cognos.

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