What are the elements for a negligent misrepresentation claim?

British Columbia, Canada


The following excerpt is from Burg Properties Ltd. v. Economical Mutual Insurance Company, 2013 BCSC 209 (CanLII):

The elements for establishing a claim in negligent misrepresentation are set out in The Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at para. 34, as follows: 1) there must be a duty of care based on a special relationship between the representor and the representee; 2) the representation of fact must be untrue, inaccurate or misleading; 3) the representor must have acted negligently in making the representation; 4) the representee must have reasonably relied on the representation; and 5) the reliance must have been detrimental to the representee in the sense that damages resulted.

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