What relationship exists where there may be between a defendant and a minor?
Ontario, Canada
The following excerpt is from Healey v. Lakeridge Health Corporation, 2010 ONSC 725 (CanLII):
In Childs v. Desormeux, without intending to establish rigid categories, the Chief Justice identified three situations where there may be a relationship giving rise to a duty of care and liability for failure to act: (1) where a defendant intentionally attracts and invites third parties to an inherent and obvious risk that he or she has created or controls; (2) where the parties have relationships of supervision and control, such as those of a parent and a minor child, or a teacher and student; and (3) where the defendant either exercises a public function or engage in a commercial enterprise that includes implied responsibilities to the public at large.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the relationship between a defendant and a minor? (Ontario, Canada)
Is an allegation of the existence of a mandate sufficient to plead a fiduciary relationship? (Ontario, Canada)
What is the test for determining whether a child who unilaterally ends a relationship with one parent unilaterally terminates their relationship with the other parent without any apparent reason? (Ontario, Canada)
What is the test for adding a new cause of action against an existing defendant? (Ontario, Canada)
What relationship exists between a broker and a client? (Ontario, Canada)
What is the test for adding a defendant to a defendant list? (Ontario, Canada)
What is the nature of the relationship between the parties in determining whether a fiduciary duty exists? (Ontario, Canada)
Is a physician’s relationship with a patient in exchange for sexual contact a fiduciary relationship? (Ontario, Canada)
In a summary judgment proceeding in a child protection case, is a bald allegation as to the existence of a parent-child relationship insufficient to raise a genuine issue for trial? (Ontario, Canada)
Does a father who seeks to undermine the relationship between his children's relationship with their mother, who is also a primary parent of the children, violate the children’s right to care for them? (Ontario, Canada)
