What are the elements of a negligent representation?

British Columbia, Canada


The following excerpt is from Caliber Management Limited v. Hardt, 2010 BCSC 1155 (CanLII):

The parties also agree that the elements of a negligent representation that the plaintiff must prove are: firstly, a duty of care based on a special relationship; secondly, that the representation was untrue, inaccurate or misleading; thirdly, that the Defendant acted negligently in making the representation; fourthly, that the plaintiffs relied in a reasonable manner on the negligent misrepresentation; and finally, that the reliance was detrimental to the plaintiffs and caused them damage (Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87).

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