What is the test for finding that Kitimat breached a duty of care to a plaintiff?
British Columbia, Canada
The following excerpt is from Johnson v. Eyre, 2009 BCSC 1711 (CanLII):
The onus rests with the plaintiff to prove on the balance of probabilities that Kitimat has breached a duty of care to him and that such breach caused or contributed to his injuries. The law on the duty of care imposed on a municipality such as Kitimat was discussed in Friedrich v. Shea, 2008 BCSC 1243, where Barrow J. stated at paras. 63-65:
The duty on a municipality does not render it an insurer of those that use its roads. The duty was expressed in Fafard v. Quebec (City) (1918), 1917 CanLII 69 (SCC), 39 D.L.R. 717 at p. 718 as follows: A municipal corporation is not an insurer of travellers using its streets; its duty is to use reasonable care to keep its streets in a reasonably safe condition for ordinary travel by persons exercising ordinary care for their own safety. [Emphasis in original]
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