The elements to be proved to establish liability for negligent misrepresentation are set out in Queen v. Cognos Inc., 1993 CanLII 146 (SCC),  1 S.C.R. 87. Taken from the head note they are: 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 negligent misrepresentation; and 5. the reliance must have been detrimental to the representee in the sense that damages resulted.
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