What is the test for establishing a prima facie duty of care against a defendant?
British Columbia, Canada
The following excerpt is from Carhoun and Sons Enterprises Ltd. v Canada (Attorney General), 2018 BCSC 1675 (CanLII):
The plaintiff bears the onus of establishing a prima facie duty of care against the defendant at the first stage of the analysis. At the second stage, the defendant is permitted to establish that there are policy considerations which negate the prima facie duty of care: Childs v. Desormeaux, 2006 SCC 18 at para. 13.
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