What is the test for determining whether a controller is negligent in the design of the circuitry?
Alberta, Canada
The following excerpt is from Comstock International Limited v. Edmonton Flying Club, 1979 ABCA 217 (CanLII):
After finding that Controllers was negligent the learned trial judge failed to apply either the "two stage test" set out in the Anns case or the test set out in Hughes v. Lord Advocate to the facts in the case at bar. This failure was in my respectful view an error and led the learned trial judge to attribute a portion of the liability to Controllers. In my judgment even if Controllers was negligent in the design of the circuitry what happened was so remote that it was not reasonably foreseeable.
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