What is the test for success in a negligence action?
Ontario, Canada
The following excerpt is from McDonald and Dickson v. TD Bank, 2021 ONSC 3872 (CanLII):
A successful action in negligence requires that the plaintiff demonstrate that: (1) the defendant owed the plaintiff a duty of care; (2) the defendant’s behaviour breached the standard of care; (3) the plaintiff sustained damage; and (4) the damage was caused, in fact and in law, by the defendant's breach: Mustapha v. Culligan of Canada Ltd, 2008 SCC 27, [2008] 2 S.C.R. 114, at para. 3.
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