I find that the findings of the Deputy Judge which are required to find responsibility for a negligent misrepresentation as set out in Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 are mixed findings of fact and law and are entitled to great deference. I find that the Deputy Judge was entitled to find that a special relationship existed between the buyer and purchaser of the mobile home, such that a duty of care arose and also that the Deputy Judge was able to infer as a finding of fact that the Respondent purchaser relied on the representation that a new roof was installed in 2002 on the whole structure.
"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.