What is the test for establishing negligence in a motor vehicle accident?

To establish a claim in negligence, the plaintiff must prove, on a balance of probabilities, that: a duty of care was owed by the defendant to the plaintiff; the defendant breached that duty by failing to exercise the requisite standard of care; damages were suffered by the plaintiff; and, the damages suffered were caused in fact and in law by the defendant’s breach: Mustapha v. Culligan of Canada Ltd., 2008 SCC 27, at para. 3.

The elements of a claim for negligent misrepresentation are summarized in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, as follows: ... (1) there must be a duty of care based or 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 said negligent misrepresentation; and (5) the reliance must have been detrimental to the representee in the sense that damages resulted.