What is the test for reasonable expectation that a person with mental health issues will not be harmed by a stranger?

Ontario, Canada


The following excerpt is from Healey v. Lakeridge Health Corporation, 2010 ONSC 725 (CanLII):

At para. 15, she added: As stated in Tame v. New South Wales (2002), 211 C.L.R. 317, [2002] HCA 35, per Gleeson C.J., this "is a way of expressing the idea that there are some people with such a degree of susceptibility to psychiatric injury that it is ordinarily unreasonable to require strangers to have in contemplation the possibility of harm to them, or to expect strangers to take care to avoid such harm" (para. 16). To put it another way, unusual or extreme reactions to events caused by negligence are imaginable but not reasonably foreseeable.

Other Questions


What is the history of child protection decisions and assessments of a mother's mental health and personality issues? (Ontario, Canada)
Does Rule 31.06(2) address all persons who might reasonably be expected to have knowledge of the accident? (Ontario, Canada)
What is the duty of care of a mental health care provider to avoid causing foreseeable mental injury? (Ontario, Canada)
In what circumstances will the Court consider mental health issues and behaviour consistent with parental alienation? (Ontario, Canada)
What is the current state of the law society of Upper Canada with respect to mental health issues? (Ontario, Canada)
What are some cases relied on by Frances in the context of mental health issues? (Ontario, Canada)
What is the test for making an order requiring a person to undergo a mental health assessment? (Ontario, Canada)
What is the result of a motion to change custody of a child with mental health issues? (Ontario, Canada)
What is the test for material change in relation to a person’s mental health status? (Ontario, Canada)
What is the test for reasonable grounds for establishing that reasonable grounds are reasonable grounds? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.