What is the standard of care required by an advisor to make a statement?
Ontario, Canada
The following excerpt is from Van Sun v. Woodbine Pontiac Buick, Erin Mills Acura, 2011 ONSC 7154 (CanLII):
The standard of care required by a person making representations is an objective one. It is a duty to exercise such reasonable care as the circumstances require to ensure that representations made are accurate and not misleading. This is not a guarantee of accuracy of the statement made. It is a question of fact to be determined according to the circumstances of the case. The factors include the nature of the occasion, the purpose for which the statement was made, the foreseeable use of the statement the probable damage which will result from an inaccurate statement, the status of the advisor, and the level of competence generally observed by others similarly placed. Queen v. Cognos, supra, para. 56
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