Is negligence or wilful blindness an exception to the Mackin Rule?
Ontario, Canada
The following excerpt is from Abbey v. Ontario (Community and Social Services), 2018 ONSC 1899 (CanLII):
It is not clear why the court in Mackin referenced negligence and wilful blindness. We were not provided with any authority to show that either negligence or wilful blindness has been recognized as an exception to Mackin. This is not surprising since the Mackin rule deals with a public duty and not a private duty of care. Further, to expand the exceptions to include negligence would be contrary to the general principle that an action in tort does not lie against a government from the enactment of a law (see Guimond v. Quebec (Attorney General), 1996 CanLII 175 (SCC), [1996] 3 S.C.R. 347, at para. 13).
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