What is the test for an action in tort for misrepresentation made in a negligent manner?

British Columbia, Canada


The following excerpt is from Mohr v. RBC Dominion Securities Inc., 2002 BCPC 495 (CanLII):

An action in tort may lie in appropriate circumstances for damages caused by a misrepresentation made in a negligent manner. In order to found a claim for negligence in this fashion, five general requirements must be met: i) there must be a duty of care based on a "special relationship" between the representator and the representee; ii) the representation in question must be untrue, inaccurate, or misleading; iii) the representator must have acted negligently in making such representations; iv) the representee must have relied, in a reasonable manner, on said negligent misrepresentation; and v) the reliance must have been detrimental to the representee in the sense that damages have resulted. The Queen v. Cognos Inc. [1993] No. 1993 CanLII 146 (SCC), 1 S.C.R. 87 @ para. 33.

Other Questions


Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
What constitutes negligent misrepresentation and fraudulent misrepresentation? (British Columbia, Canada)
Is an innocent misrepresentation or a negligent misrepresentation? (British Columbia, Canada)
What is the test for negligent misrepresentation in the context of a fraudulent misrepresentation? (British Columbia, Canada)
When will a medical professional be found to be negligent in a negligence action? (British Columbia, Canada)
How has the law of negligence been distinguished between negligence and negligence? (British Columbia, Canada)
What are the requirements for tort liability for misrepresentation in the context of a claim of negligent misrepresentation? (British Columbia, Canada)
What constitutes a fraudulent misrepresentation and a negligent misrepresentation? (British Columbia, Canada)
What are the elements of negligent misrepresentation in the context of a claim brought by Citifund? (British Columbia, Canada)
What are the elements required to establish a claim of negligent misrepresentation? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.