What is the impact of the second stage of the proximity analysis on a claim for wrongful death?

Ontario, Canada


The following excerpt is from Alafi v. Lindenbach, 2022 ONSC 1435 (CanLII):

[32] The policy considerations relevant at the second stage are broader in scope than those relevant to the proximity analysis at the first stage. At the second stage, the court considers the implications that recognition of the proposed duty of care would have on “other legal obligations, the legal system and society more generally”: Paxton, at para. 78, citing Odhavji Estate v. Woodhouse, 2003 SCC 69, [2003] 3 S.C.R. 263, at para. 51.

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