What is the test for establishing negligent misrepresentation in a claim?
Ontario, Canada
The following excerpt is from D’Amore Construction (Wndsor) Ltd. v. Lawyers Professional Indemnity Co., 2002 CanLII 6838 (ON SC):
In Queen v. Cognos Inc. 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, Iacobucci J. set out the requirements to establish negligent misrepresentation. He identified, amongst other elements, the need for a "special relationship" between the representor and the representee together with reasonable reliance, by the representee, on the negligent misrepresentation.
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