What is the test for a duty of care by a public authority?

Alberta, Canada


The following excerpt is from Tottrup v. Lund, 2000 ABCA 121 (CanLII):

The test of whether a duty of care is owed by public authorities is set out in Anns v. London Borough Council of Merton, supra, and applied in Canada by City of Kamloops v. Nielsen, 1984 CanLII 21 (SCC), [1984] 2 S.C.R. 2 at 10: (1) is there a sufficiently close relationship between the parties ... so that, in the reasonable contemplation of the authority, carelessness on its part might cause damage to that person? If so, (2) are there any considerations which ought to negative or limit (a) the scope of the duty and (b) the class of persons to whom it is owed or (c) the damages to which a breach of it may give rise?

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