The claim of negligent misrepresentation in the context of a medical negligence claim is relatively unusual: K.D. v. British Columbia Women's Hospital 2004 BCSC 1568 at para. 312. The leading case of Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110, sets out the five requirements to establish the tort 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; and 5) the reliance must have been detrimental to the representee in the sense that damage resulted.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.