Test for Negligent Misrepresentation

In Doumouras v. Chander, 2019 ONSC 6056, the court outlined the five requirements for a claim for negligent misrepresentation:

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 the misrepresentation;
4. the representee must have relied, in a reasonable manner, on the misrepresentation; and
5. the reliance must have been detrimental to the representee in the sense that damages resulted.

A statement of claim must include material facts to establish each of these five requirements. Otherwise, the defendant will likely succeed in striking the claim.