What is the test for establishing a negligent misrepresentation?

Ontario, Canada


The following excerpt is from Ottawa Police Association v. Ottawa Police Services Board, 2011 ONSC 7214 (CanLII):

The defendants further submit judicial economy will not be achieved as the common issues are negligible in relation to the individual issues. The defendants submit that in order to establish a negligent misrepresentation following Queen v. Cognos Inc., supra, one of the essential elements is that the representee must have relied, in a reasonable manner, on the negligent misrepresentation. As a result, the defendants submit that discoveries are required and whether each member reasonably relied on the alleged negligent misrepresentation or the omissions will be an individual issue to be determined.

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