What is the tort of negligent misrepresentation?

British Columbia, Canada


The following excerpt is from Sask v. Brooke, 2000 BCSC 1745 (CanLII):

The tort of negligent misrepresentation is now an established principle of Canadian law: Queen v. Cognos Inc. (1993), 1993 CanLII 146 (SCC), 99 D.L.R.(4th) 626 (S.C.C.). Five requirements must be met: (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 said misrepresentation; (4) the representee must have relied, in a reasonable manner, on the said negligent misrepresentation; (5) the reliance must have been detrimental to the representee in the sense that damages resulted.

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