What is the test to be applied in determining negligent misrepresentation?

British Columbia, Canada


The following excerpt is from Dong v. Clyne, 2014 BCPC 132 (CanLII):

The leading case on the test to be applied in determining negligent misrepresentation is Queen v. Congos Inc. 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 which describes a five part test: 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; e) the reliance must have been detrimental to the representee in the sense that damages resulted.

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