The parties cite Queen v. Cognos Inc. 1993 CanLII 146 (SCC), [1993] 1 S.C.R 87 as correctly setting out the five elements that must be found for negligent misrepresentation to be found: (i) there must be a duty of care arising from a special relationship; (ii) the defendant must have made a representation that was untrue, inaccurate or misleading; (iii) the defendant must have made the statement negligently; (iii) the plaintiff must have reasonably relied upon the statement; and (iii) the defendant must have suffered damage as a result of the reliance.
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