What is the test for a negligence action?
Ontario, Canada
The following excerpt is from Biskey v. Corp. Of The Municipality Of Chatham-Kent, 2011 ONSC 413 (CanLII):
A successful negligence action requires the plaintiff to demonstrate: 1) that the defendant owed him a duty of care; 2) that the defendant’s behaviour breached the duty; 3) that the plaintiff suffered damage; and 4) that the plaintiff’s damages, in fact and in law, were caused by the defendant’s negligence or breach of duty. See Mustapha v. Culligan, [2008] S.C.R. 114.
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