Negligent Misrepresentation: When the Job Pitch Doesn’t Match the Job
Short version: If statements made during hiring turn out to be misleading and you reasonably relied on them, you may have a claim for negligent misrepresentation.
The legal test (from the Supreme Court of Canada)
In Queen v. Cognos, the Court outlined the core elements:
a duty of care (a special relationship, like recruiter–candidate),
an untrue, inaccurate, or misleading representation,
negligence in making it,
reasonable reliance by the candidate, and
damage caused by that reliance.
How this comes up in employment
Misstatements (or omissions) about job security, funding, duties, authority, compensation, hours, or location can trigger liability if they mislead a candidate. Even implied assurances may count.
Damages typically aim to put you back in the position you’d be in but for the misrepresentation (e.g., lost opportunities or costs caused by the reliance). (Principles summarized from Cognos.)
Practical steps
If you’re a candidate/employee:
Save written statements (emails, slide decks, postings).
After interviews, send a confirming note listing key points (role scope, team size, location, bonus plan).
Seek advice before resigning if something material changes.
If you’re an employer:
Train hiring teams: no speculation about security, growth, or promotions.
Fact-check job ads and interview scripts; correct inaccuracies promptly in writing.
If you must speak about the future, frame it carefully (plans, not promises) and document updates.
Vanguard Law take: Getting hiring right prevents disputes. When a mismatch happens, early legal advice can limit damage on both sides.
Legal note: This post is general information for Ontario and not legal advice.