What are the requirements for liability for negligent advice?

British Columbia, Canada


The following excerpt is from Blair v. Can. Trust Co., 1986 CanLII 835 (BC SC):

In Kingu v. Walmar Ventures Ltd., [1986] B.C.W.L.D. 3554, B.C.C.A., No. CA003367, a yet unreported decision on 24th July 1986, McLachlin J.A. summarized the requirements for liability for negligent advice outlined in Hedley Byrne, supra, as follows: (1) A false statement negligently made; (2) A duty of care on the person making the statement to the recipient. A duty of care does not arise unless: (a) the person making the statement is possessed of special skill or knowledge on the matter in question, and (b) the circumstances establish that a reasonable person making that statement would know that the recipient is relying upon his skill of judgment; (3) Reasonable reliance on the statement by its recipient; (4) Loss suffered as a consequence of the reliance.

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