Can silence constitute negligent misrepresentation in the real estate context?

In Brar v. Mutti, supra, Davies J. encounters the situation where silence is alleged to constitute a negligent misrepresentation in the real estate context. In that case, the defendant failed to mention restrictive covenants which affected the purchaser's planned use of the property. Davies J. asks whether in these circumstances, the defendant's silence can amount to negligent misrepresentation. He states at para 35: ...does the fact that the silence was negligent rather than fraudulent make any difference to the analysis? In my mind it does not.