What is the test for making out a claim in negligence?
Ontario, Canada
The following excerpt is from Papassay v The Queen (Ontario), 2015 ONSC 3438 (CanLII):
For a case of negligence to be made out, the defendant must first owe the plaintiff a duty of care. If no duty of care is owed, no claim in negligence exists. However, if there is a duty of care, the plaintiff must prove that the standard of care was breached. Damage must be foreseeable and there must be actual damage suffered which is caused by the negligence of the tortfeasor. The plaintiff must prove causation and the plaintiff’s conduct must not pose a bar to recovery. See: Baric v. Tomalk, [2006] O.J. No. 890 (S.C.J.), para. 18. Did the Crown Owe the Plaintiffs a Duty of Care?
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