What are the requirements for a negligent misrepresentation claim?

Alberta, Canada


The following excerpt is from Stack v. Hildebrand, 2010 ABCA 108 (CanLII):

There are five requirements for a successful negligent misrepresentation claim: (1) there must be a duty of care based on a “special relationship” between the representor and the representee; (2) the representation 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 damages resulted: Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110, 99 D.L.R. (4th) 626 per Sopinka and Iacobucci JJ.

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