What is the test for tort of negligent misrepresentation?

British Columbia, Canada


The following excerpt is from Normak Investments Ltd. v. Belciug, 2015 BCSC 700 (CanLII):

The tort of negligent misrepresentation is now an established principle of Canadian law. As set out in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at para. 34, to succeed in a claim for negligent misrepresentation, these five general requirements must be established: 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.

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