In what circumstances will a plaintiff be able to sue a defendant for negligence?
Ontario, Canada
The following excerpt is from Turcotte v Lewis, 2017 ONSC 1773 (CanLII):
The conduct of a defendant is negligent if it creates an objectively unreasonable risk of harm. In order to succeed against any one of the defendants in negligence, the plaintiffs must demonstrate that that defendant failed to exercise the care that would be expected of an ordinary, reasonable and prudent person in the same circumstances: Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201, at para. 28.
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