CMHC contended that the statement of claim fails to set out the constituent elements of negligent misrepresentation required by Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at para. 33. Those elements are: (1) that a duty of care existed, based on a special relationship between the representor and the representee; (2) that the representation was untrue, inaccurate, or misleading; (3) that the representor acted negligently in making the representation; (4) that the representee reasonably relied upon the representation; and (5) that the reliance resulted in damage to the representee.
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