I turn now to the claim for damages for negligent misrepresentation. The modern elements of the tort of negligent misrepresentation are set out in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at para. 33; (1993), 99 D.L.R. (4th) 626 at 643. To make out a cause of action in negligent misrepresentation, the plaintiff must establish a duty of care based on a special relationship between the representor and the representee; a representation made by the representor to the representee which is untrue, inaccurate or misleading; negligence on the part of the representor in making the misrepresentation; reliance, in a reasonable manner by the representee on the negligent misrepresentation; and damages flowing from the detrimental reliance.
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