The following excerpt is from Sharbern Holding Inc. v. Vancouver Airport Centre Ltd., et al, 2005 BCSC 232 (CanLII):
As noted by all of the defendants, reliance is an essential ingredient in the tort of negligent misrepresentation: Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, 99 D.L.R. (4th) 626. In that case, Iacobucci J. described the ingredients of a successful negligent misrepresentation claim: (1) There must be a duty of care based on a “special relationship” between the representor and the representee; (2) The representation must be untrue, inaccurate or misleading; (3) The representor must have acted negligently in making the misrepresentation; (4) The representee must have relied, in a reasonable manner, on the negligent misrepresentation; and (5) The reliance must have been detrimental to the representee in the sense that damages resulted.
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