Can a public school board recover from negligent misrepresentation pursuant to the principles set out in Hedley Byrne?

Alberta, Canada


The following excerpt is from Roman Catholic School District No. 32 (Fort McMurray) v. School District No. 2833 (Fort McMurray), 1992 CanLII 6158 (AB QB):

To succeed in any of its claims for recovery of pure economic loss resulting from negligent misrepresentation pursuant to the principles set out in Hedley Byrne, the public school board must first establish that the minister had a duty of care with respect to the public school board. Only if the public school board can show that there arose a duty of care can it proceed to show the existence of the other elements necessary for recovery. These other elements include showing that the minister breached this duty of care by making negligently inaccurate representations which the public school board relied upon in a reasonable fashion, and which were the cause of the pure economic loss: Kingu v. Walmar Ventures Ltd.

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