Can a plaintiff bring a claim for negligence based on what was or was not said in a pre-contractual representation?
British Columbia, Canada
The following excerpt is from Crosby v. Native Fishing Ass., 1999 CanLII 4446 (BC SC):
It is clear that, where the subject of a pre-contractual representation said to have been relied on is incorporated in the terms of the contract subsequently made, absent overriding considerations arising from the context in which the transaction occurred, no action in negligence based on what was or was not said can be brought: Queen v. Cognos (1993), 1993 CanLII 146 (SCC), 99 D.L.R. (4th) 626 at 644-47 per Iaccobucci J. The parties are confined to contractual remedies.
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