Is a pleading of negligent misrepresentation in a claim for damages arising in negligence simpliciter?
Ontario, Canada
The following excerpt is from Cannon v. Funds for Canada Foundation, 2012 ONSC 399 (CanLII):
In Silver v. Imax Corp., [2009] O.J. No. 5585 (S.C.J.), van Rensburg J. made a similar observation at para. 88: The negligence pleading in this case is in substance a pleading of negligent misrepresentation without the ingredient of reliance. There is also no pleading that the alleged negligence caused damage to the plaintiffs and no separate claim for a remedy based on negligence. Accordingly, the claims sounding in negligence simpliciter ... will not be permitted to proceed and the claim shall be amended accordingly.
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