What is the test for negligent misrepresentation and special relationship?

While agreeing that the test for negligent misrepresentation requires proof of the five elements listed in Queen v. Cognos, supra, the defendant argues that the plaintiff has failed to prove the elements necessary to support her claim. A special relationship will only arise if the plaintiff shows that the alleged defect is latent. If the defect is patent, then the rule of caveat emptor applies: Zaenker v. Kirk et al (1999), 30 R.P.R. (3d) 9 (B.C.S.C.) at para. 17, aff’d 2001 BCCA 399.