What is the test for negligent misstatement?
Ontario, Canada
The following excerpt is from Bristol-Myers Squibb Canada Inc. v. Canadian Coordinating Office for Health Technologies Assessment, 1998 CanLII 14795 (ON SC):
Taking the plaintiff’s action as pleaded in order to establish negligent misstatement they must meet the following test: (a) a duty of care as based upon “a special relationship” between the representor and the representee; (b) the representor’s special responsibility and special knowledge leaves him/her in a position to give reliable advice; (c) the representation must be untrue, inaccurate or misleading; (d) the representee must have relied, in a reasonable manner (or on the assumption of duty), on a negligent misstatement; and (e) reliance must have been detrimental in the sense that damages resulted. (See Queen v. Cognos Inc. 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87.) THRESHOLD TEST
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