Five criteria are required to establish a claim in negligent misrepresentation: (1) There must be a duty of care based upon 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 representation; (4) the representor must have relied, in a reasonable manner, on said negligent misrepresentation; and (5) the reliance must be detrimental to the representee in the sense that damages resulted: Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at para. 34.
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