What is the test for actionable negligent misrepresentation?

Nova Scotia, Canada


The following excerpt is from The Regional Municipality of Halifax v. David, 2004 NSCA 138 (CanLII):

The appellant raised twelve issues on appeal, which will be considered below. The seventh ground of appeal mirrors the test for actionable negligent misrepresentation set out by Iacobucci J. in Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at p. 110: (1) there must be a duty of care based on a "special relationship" between the representor and the representee; (2) the representation in question 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 said negligent misrepresentation; and (5) the reliance must have been detrimental to the representee in the sense that damages resulted.

Other Questions


Is it negligent misrepresentation if a listing cut inadvertently advertises a house as being nine years old instead of 19 years old? (Nova Scotia, Canada)
What is the test for a claim in negligent misrepresentation? (Nova Scotia, Canada)
What are the requirements for establishing negligent misrepresentation? (Nova Scotia, Canada)
Is a skid consistent with negligence or no negligence? (Nova Scotia, Canada)
What is the difference between a negligence action and a dog attack? (Nova Scotia, Canada)
What is the impact of a finding that a class action is not the preferable procedure for bringing an individual action? (Nova Scotia, Canada)
What is the test for derivative actions against a company? (Nova Scotia, Canada)
Does a skid on a highway result in a finding of negligence? (Nova Scotia, Canada)
What is the test for negligence in an animal welfare case? (Nova Scotia, Canada)
What is the current state of the law of limitations on discoverability rules in a personal injury action? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.