The essential elements for a successful claim of negligent representation are well settled, namely: • Existence of a duty of care, based on a “special relationship” between the parties; • The representation must be untrue, inaccurate or misleading; • Negligence by the defendant in making the representation; • Reliance by the plaintiff on the representation, which reliance must be reasonable; • The reliance must have been detrimental to the plaintiff, in the sense that damages resulted. The Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110.
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