What are the essential elements for the tort of misrepresentation?

Ontario, Canada


The following excerpt is from T. Eaton Co., Re, 2001 CanLII 28383 (ON SC):

Counsel agreed the 5 essential elements for that tort are: (i) a duty of care based on a special relationship between the parties; (ii) the representation must be untrue, inaccurate or misleading; (iii) the representor must have acted negligently in making the representation; (iv) the representee must have relied, in a reasonable manner, on the negligent misrepresentation; (v) there must be detrimental reliance on the part of the representee in the sense that damages resulted. Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 (S.C.C.) at p.110.

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