What is the test for establishing a claim for personal injury in a personal injury case?
British Columbia, Canada
The following excerpt is from Ruby Lake Country Developments Ltd. v. Kennedy, 2010 BCSC 1887 (CanLII):
These propositions are set out by McLachlin C.J.C. and Major J. in Cooper v. Hobart, 2001 SCC 79 (CanLII). At paragraph 42, the court wrote the plaintiff must show that the party against whom liability is sought to be imposed “was in a close and direct relationship” with the plaintiff such that it would be “just to impose a duty of care”.
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