What are the elements for negligent misrepresentation?

British Columbia, Canada


The following excerpt is from Apex Mountain Resort Ltd. v. B.C., 2001 BCCA 479 (CanLII):

There is no dispute that the required elements for negligent misrepresentation are as stated by Iacobucci J. in Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at para. 33: (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 said misrepresentation; (4) the representee must have relied, in a reasonable manner, on said negligent misrepresentation; and (5) the reliance must be have been detrimental to the representee in the sense that damages resulted.

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