Mr. Justice Iacobucci set out the elements of negligent misrepresentation in Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110, 99 D.L.R. (4th) 626: (1) there must be a duty of care based on a "special relationship" between the representor and the representee; (2) the representation in question must be untrue, inaccurate, or misleading; (3) the representor must have acted negligently in making said misrepresentation; (4) the representee must have relied, in a reasonable manner, on said negligent misrepresentation; and (5) the reliance must have been detrimental to the representee in the sense that damages resulted.
I am satisfied that in the circumstances the defendants owed a duty of care to the plaintiffs to exercise reasonable care and not to mislead the plaintiffs; see Choi v. Paik, 2008 BCSC 1122, 48 B.L.R. (4th) 266. I do not understand the defendants to contend otherwise.
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