What is the duty of care of a lawyer to be truthful and honest in making a representation during pre-contractual negotiations?
Ontario, Canada
The following excerpt is from Van Sun v. Woodbine Pontiac Buick, Erin Mills Acura, 2011 ONSC 7154 (CanLII):
The duty of care with respect to representations made during pre-contractual negotiations is over and above a duty to be honest in making the representation. It requires not just that the representor be truthful and honest in the representation. It also requires that the representor exercise such reasonable care as the circumstances require to ensure that the representations made are accurate and not misleading. The representator does not guarantee the accuracy of the statements made. Queen v. Cognos, supra, paras. 56 & 63
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