What are the elements in the tort of negligent misrepresentation?

Ontario, Canada


The following excerpt is from Gravelle v. A1 Security Manufacturing Corp., 2014 ONSC 5472 (CanLII):

The elements in the tort of negligent misrepresentation were set out in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 643, 99 D.L.R. (4th) 626, as follows: (a) there must be a duty of care based on a “special relationship” between the representor and the representee; (b) the representation in question must be untrue, inaccurate, or misleading; (c) the representor must have acted negligently in making said misrepresentation; (d) the representee must have relied, in a reasonable manner, on said negligent misrepresentation; and, (e) the reliance must have been detrimental to the representee in the sense that damages resulted.

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