What is the test for pleading negligence in a motor vehicle accident?
Ontario, Canada
The following excerpt is from 900351 Ontario Inc. v. Martian Properties Inc., 2022 ONSC 37 (CanLII):
To adequately plead negligence, a plaintiff must plead: 1) that a duty of care was owed by the defendants to the plaintiff; 2) that there was a breach of that duty of care by the defendants; 3) that the breach caused harm to the plaintiff; and 4) that the damage caused to the plaintiff is compensable at law: Mustapha v. Culligan of Canada Ltd., 2008 SCC 27, at para. 3.
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