What are the requirements to establish a claim in negligent misrepresentation?
British Columbia, Canada
The following excerpt is from Ward v. Smith, 2001 BCSC 1366 (CanLII):
I then turn to the question of whether the misrepresentation was fraudulent or negligent. The requirements to establish a claim in negligent misrepresentation were summarized by Mr. Justice Iacobucci in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, 99 D.L.R. (4th) 626 (S.C.C.) at 643: (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 have been detrimental to the representee in the sense that damages resulted.
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