What are the elements for the tort of negligent misrepresentation?

British Columbia, Canada


The following excerpt is from Mitchell v. Zenterra et al, 2019 BCPC 14 (CanLII):

As is set out in Queen v. Cognos at 110, the elements for the tort of negligent misrepresentation are: (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 the misrepresentation; (4) the representee must have relied, in a reasonable manner, on the negligent misrepresentation; and (5) the reliance must have been detrimental to the representee in the sense that damages resulted.

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