What is the test for breach of statutory duty?
Ontario, Canada
The following excerpt is from Defazio v. Ontario (Labour), 2007 CanLII 7403 (ON SC):
As noted above, the plaintiffs conceded at the hearing that pursuant to Canada v. Saskatchewan Wheat Pool, 1983 CanLII 21 (SCC), [1983] 1 S.C.R. 205 at page 12, there is no separate tort of breach of statutory duty, and that breach of statute should be considered in the context of the general law of negligence.
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