What is the test for negligent misrepresentation and reliance of a plaintiff on a defendant's representations?

British Columbia, Canada


The following excerpt is from Lamontagne v. Andersen, et al, 2005 BCSC 343 (CanLII):

If I am wrong on the conclusion with respect to negligent misrepresentation, then reliance by the plaintiff on the defendants' representations is a pivotal question. In Kingu v. Walmar Ventures Ltd., supra, at 24 states: … before a duty of care arises with respect to a gratuitous statement, it must be established that the maker is possessed of special skill or knowledge and that a reasonable person in his position would have realized that the recipient of the statement was relying on it.

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