What are the elements of negligent misrepresentation in the context of a claim brought by Citifund?

British Columbia, Canada


The following excerpt is from Citifund Capital Corp. v. Happy Valley Resort Ltd., 2010 BCSC 332 (CanLII):

Citifund relies on Queen v. Cognos Inc. 1993 CanLII 146 (SCC), [1993] 1 S.C. R. 87, para. 33, for a statement of the elements of negligent misrepresentation: (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; (5) the reliance must have been detrimental to the representee in the sense that damages resulted.

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