What is the test for a pleading of negligent pre-contractual misrepresentations?

Ontario, Canada


The following excerpt is from Bank of Montreal v. Caldwell First Nation, 2013 ONSC 7317 (CanLII):

The part of the pleading concerning negligent pre-contractual misrepresentations raises several different issues. An action in tort lies for alleged negligent misrepresentations made in the course of a hiring interview by the representative of the employer to the prospective employee: Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, [1993] S.C.J. No. 3, at pp. 109 and 112 S.C.R. The elements of the tort are summarized at p. 110 S.C.R. of Cognos as follows: (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 said misrepresentation; (4) the representee must have relied, in a reasonable manner, on said negligent misrepresentation; and (5) the reliance must have been detrimental to the representee in the sense that damages resulted. Plaintiff’s counsel also noted the provisions of Rule 25.06(8), which require that a pleading of misrepresentation contain full particulars.

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