What is the test for a Defendant to be exempt from the duty of care?

Canada (Federal), Canada

The following excerpt is from South Yukon Forest Corporation v. Canada, 2010 FC 495 (CanLII):

Those policy decisions must have been made bona fide to exempt the Defendant from the duty of care; see Just v. British Columbia, 1989 CanLII 16 (SCC), [1989] 2 S.C.R. 1228, at 1242-1245. (a) Proximity

Other Questions


What is the duty of care and standard of care of public authorities in health care? (Canada (Federal), Canada)
Is a medical professional negligent if they fail to use the standard care, knowledge and care that other reasonably careful medical professional would use? (MultiRegion, United States of America)
Does the doctrine of coconspirator disentitlement apply to a defendant who subsequently becomes a co-defendant in a criminal conspiracy? (MultiRegion, United States of America)
What is the test for immunity for defendants in a civil case where they are defendants in possession of a firearm? (MultiRegion, United States of America)
What are the potential injuries to future defendants if a defendant waives his right to give inconsistent testimony at trial should the plea bargain fail? (MultiRegion, United States of America)
What is the test for a criminal complaint against a defendant who is also a defendant in a civil case? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
What is the proper procedure for a defendant to ask for an adjournment of the trial of a defendant? ("New York", United States of America)
What analysis is used by a trial court to determine liability of a nonsettling defendant where plaintiffs have already settled with other defendants? (MultiRegion, United States of America)
What is qualified immunity for a claim for damages against a defendant who is also a defendant in a civil case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.