For the discussion later, particularly the discussion of the common issues and the preferable procedure criteria, it is helpful to note that the constituent elements of a cause of action for negligent misrepresentation are: (1) duty of care based on a special relationship between the plaintiff and the defendant; (2) an untrue, inaccurate, or misleading representation; (3) the defendant making the representation negligently; (4) the plaintiff having reasonably relied on the misrepresentation; and, (5) the plaintiff suffering damages as a consequence of relying on the misrepresentation: Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87.
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