What constitutes a fraudulent misrepresentation in a claim?

25. A fraudulent misrepresentation occurs when someone knowingly makes a false oral or written representation, or where they are reckless as to whether or not the statement is false: see Ban v. Keleher, 2017 BCSC 1132 at paragraphs 16 and 31.

26. A negligent misrepresentation is made by someone who fails to take due care to ensure that the representation is true. In order to prove the tort of negligent misrepresentation, an applicant must establish the following elements as set out in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87: a. There must be a duty of care, b. The representation in question must be untrue, inaccurate, or misleading, c. The respondent must have acted negligently in making the misrepresentation, d. The applicant must have relied, in a reasonable manner, on the negligent misrepresentation, and e. The reliance must have resulted in damages.