What is the test for success in a medical malpractice action brought by a plaintiff against a Health Minister?

To succeed in this proceeding, the plaintiffs have an onus of proof to discharge and they must adduce evidence that will allow a finding of fault attributable to the defendant that is connected with the deterioration in their medical status and the damages resulting therefrom. There are five general conditions that the plaintiffs had to demonstrate: · that there was a duty of care based on a "special relationship" between the Minister and the plaintiffs; · that the representation in question was untrue, inaccurate or misleading; · that the Minister acted negligently; · that the plaintiffs relied, in a reasonable manner, on the negligent misrepresentation; and · that the reliance on the representation was detrimental to the plaintiffs in the sense that damages resulted. (See Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, at para. 33.)