What is the test for a jury to determine a breach of duty?
British Columbia, Canada
The following excerpt is from Burbank v. R.T.B., 2007 BCCA 215 (CanLII):
Further, in Roberge v. Huberman, Esson J.A. clarified at para. 58 that: What the court was called on to do by the case presented for the plaintiff was to consider and assess, with the assistance of counsel's submissions, any evidence adduced by the plaintiff which was potentially relevant to the question whether there had been a breach of duty.… That process involves the court applying its experience and knowledge in the way that judges and juries do every day, most often without expert evidence.
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