Does the Hedley Byrne principle apply to a claim where the claim is based on expert testimony?
Saskatchewan, Canada
The following excerpt is from Solar U.S.A. Inc. v. Saskatchewan Minerals, 1992 CanLII 8030 (SK QB):
In The Town of The Pas v. Porky Packers Ltd., 1976 CanLII 147 (SCC), [1977] 1 S.C.R. 51; 7 N.R. 569, a limitation on the application of the principle was identified. At p. 68 it was stated: "It is a requisite under the Hedley Byrne principle that the representations be made to a person who has not expert knowledge himself by a person whom the representee believes has a particular skill or judgment in the matter, and that the representations were relied upon to the detriment of the representee."
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