Can an action be brought in tort for negligent misrepresentation even though the relevant parties are in a contractual relationship?
Ontario, Canada
The following excerpt is from Van Sun v. Woodbine Pontiac Buick, Erin Mills Acura, 2011 ONSC 7154 (CanLII):
An action in tort for negligent misrepresentation may lie even though the relevant parties are in a contractual relationship. The fact the alleged negligent misrepresentations are made in a pre-contractual setting and the fact a contract is subsequently entered into by the parties do not, in themselves, bar an action in tort for damages caused by said misrepresentations. Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 S.C.C. at para. 38
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