In a personal injury action, in what circumstances will the individual defendant be found liable for negligence?
British Columbia, Canada
The following excerpt is from Kerr v. Gingras, 1980 CanLII 730 (BC SC):
But as I have already held, the plaintiff did not look to the individual defendant for professional advice, nor did he make known to him that he was relying upon his advice. Moreover I have held that the individual defendant did not have the necessary expert knowledge to qualify himself under the terms of Hedley Byrne v. Heller.
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