What are the elements of the tort of negligent misrepresentation?

Ontario, Canada


The following excerpt is from Canada Trustco Mortgage Co. v. Pierce, 2005 CanLII 15706 (ON CA):

The elements of the tort of negligent misrepresentation were enunciated in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110: (1) there must be a duty of care based on a ‘special relationship’ between the representor and 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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