What is the test for the tort of negligent misrepresentation?

Ontario, Canada


The following excerpt is from Country Style Food Services Inc. v. 1304271 Ontario Ltd., 2003 CanLII 13614 (ON SC):

I will briefly summarize some of the main areas of law that are relevant to this case. First, the tort of negligent misrepresentation is an established principle of Canadian tort law. The five general requirements for a successful claim are: (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 the misrepresentation; (4) the representee must have relied, in a reasonable manner, on the negligent misrepresentation; and (5) the reliance must have been detrimental to the representee in the sense that damages resulted. See, for example, Queen v. Cognos Inc. 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 88-89.

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