Does the duty of care analysis apply in a non-suit application?
Alberta, Canada
The following excerpt is from Waap v. Alberta, 2008 ABQB 544 (CanLII):
Where a duty of care in negligence is in issue, the duty of care analysis should be applied in a non‑suit application: Holtslag v. Alberta, 2006 ABCA 51, 380 A.R. 133, leave to appeal refused [2006] S.C.C.A. No. 142 (S.C.C. Sep. 14, 2006).
"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 test to apply in an application for directed verdict? (Alberta, Canada)
What is the "pragmatic and functional approach" used to determine the deference applicable to an administrative tribunal on an application for judicial review? (Alberta, Canada)
Does Rule 753.11 apply to an application that seeks declaratory relief? (Alberta, Canada)
What is the test to apply in an application for summary judgment? (Alberta, Canada)
Does the analysis of the second step of analysis for a breach of a fiduciary duty, or is it likely to be negative or negative? (Alberta, Canada)
What are the rules applicable to an application for leave to take the next step? (Alberta, Canada)
What is the test for an application to appeal against a finding that an application is frivolous? (Alberta, Canada)
What is the applicable law for a Summary Dismissal Application? (Alberta, Canada)
In a non-parental application for access to a child, does the court need to be careful not to allow the argument of conflict or potential conflict to defeat the application? (Alberta, Canada)
Can intent be considered as part of the risk analysis in a motor vehicle accident case? (Alberta, Canada)
