What is the test for a claim for misrepresentation and misrepresentation in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Vershinin v. Amnibahksh & Bateni, 2009 BCPC 175 (CanLII):
Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87: (a)There must be a special relationship between the parties giving rise to a duty of care; (b) There must be a misrepresentation which is untrue, inaccurate, or misleading; (c)The representor must have acted negligently in making the said representation; (d) There must be reasonable reliance placed on the negligent misrepresentation; and (e) The reliance must have been detrimental to the plaintiff in the sense that damages resulted.
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