Can a claim of negligent misrepresentation and failure to warn apply the principle of "waiver of tort"?

The claim of negligent misrepresentation: In Reid v. Ford Motor Co., [2006] B.C.J. No. 993, Gerow J., refused to apply the principle of “waiver of tort” to a claim of negligence and failure to warn. She concluded that the action did not fall into the type of case where waiver of tort has been applied and there was no principled basis to extend it to the causes of action before her. She was particularly concerned that the pleading invoking “waiver of tort” alleged benefits to the defendant but contained no reference to a detriment to the plaintiff. She expressed concern about allowing a claim that was essentially based on an unjust enrichment but would eliminate the requirement to prove loss.