What is the test for determining liability for negligent misrepresentations?

Ontario, Canada


The following excerpt is from Chavez and Toplar v. Ertan and Mehmet, 2014 ONSC 3124 (CanLII):

In considering liability for negligent misrepresentations, the trial judge correctly identified the necessary requirements, namely: (i) there is a duty of care based on a “special relationship” between the representor and representee; (ii) the representation must be untrue, inaccurate or misleading; (iii) the representor must have acted negligently in making the misrepresentations; (iv) the representee must have reasonably relied on the negligent misrepresentations; and (v) the reliance must have been detrimental to the representee in that damages resulted. See: Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, at para. 34.

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