What are the elements of a negligent misstatement claim?

Manitoba, Canada


The following excerpt is from Olfman v. RBC Life Insurance Company, 2013 MBQB 142 (CanLII):

The leading case on the subject of negligent misstatement is Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 (S.C.C.). As noted by Iacobucci J., the required elements for a successful claim include (p. 110): ... (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. ...

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