Can a plaintiff lie against a government defendant for the tort of negligent misrepresentation?

British Columbia, Canada


The following excerpt is from Sekhon v Canada (Attorney General), 2019 BCSC 1164 (CanLII):

Finally, I note that an action may also lie against a government defendant for the tort of negligent misrepresentation. In that event, a plaintiff must plead the material facts that establish the elements of the tort: the existence of a special relationship between the plaintiff and defendant; a representation by the defendant that is untrue, inaccurate or misleading; negligence on the part of the defendant in making the statement; reasonable reliance on the representation by the plaintiff; and that the reliance was detrimental in the sense that damages resulted: Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at p. 110.

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