What are the elements of negligence misrepresentation and what are the consequences of the misrepresentation?

Alberta, Canada


The following excerpt is from Pacific West Systems Supply Ltd v Kajmowicz, 2022 ABQB 91 (CanLII):

The five elements of negligence misrepresentation were articulated in Stack v Hildebrand, 2010 ABCA 108 at para 12: ... (1) there must be a duty of care based on a “special relationship” between the representor and representee; (2) the representation must be untrue, inaccurate or misleading; (3) the representor must have acted negligently in making the representation; (4) the representee must have relied, in a reasonable manner, on the negligent misrepresentation; and (5) the reliance must have been detrimental to the representee in the sense that damages resulted: Queen v. Cognos Inc. 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 ....

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