What is the Anns test for determining whether a person owes a duty of care?
Yukon, Canada
The following excerpt is from McClements v. Pike, 2012 YKSC 84 (CanLII):
To recap, the Anns test for determining whether a person owes a duty of care involves two questions (as framed in Hill v. Hamilton-Wentworth): 1. Does the relationship between the plaintiff and the defendant disclose sufficient foreseeability and proximity to establish a prima facie duty of care? 2. If so, are there any residual policy considerations which ought to negate or limit that duty of care?
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