What are the elements of the tort of negligent pre-contractual misrepresentations?

Ontario, Canada


The following excerpt is from Lysko v. Braley, 2006 CanLII 9038 (ON CA):

The part of the pleading concerning negligent pre-contractual misrepresentations raises several different issues. An action in tort lies for alleged negligent misrepresentations made in the course of a hiring interview by the representative of the employer to the prospective employee: Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 109 and 112. The elements of the tort are summarized at p. 110 of Cognos as follows: (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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