What is the test for a motion to obtain damages for misrepresentation and misrepresentation?
Ontario, Canada
The following excerpt is from Deters v Elliot, 2017 ONSC 4224 (CanLII):
In order for the plaintiffs to succeed on this aspect of their action they must prove the requisite elements set out in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, at para. 34, namely that: 1. There is a duty of care based on a special relationship between the representor and the representee; 2. The representation in question is untrue, inaccurate or misleading; 3. The representor acted negligently in making the representation; 4. The representee relied, in a reasonable manner, on the negligent misrepresentation; and 5. The reliance was detrimental to the representee, in the sense that damages resulted. (ii) The Moving Parties’ Position
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