What is the test for a claim for misrepresentation?

Nova Scotia, Canada


The following excerpt is from Adshade v. Auld, 2010 NSSC 77 (CanLII):

The claim is made in terms of negligent misrepresentation or negligence generally. With respect to negligent misrepresentation, the parties had no dispute about the law. All counsel referred to Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 which set out at p. 12 five elements that a plaintiff must establish as follows: 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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