What is the test for determining liability for negligence in a motor vehicle accident?

The starting point to establish liability for negligence, therefore, is to show the existence of a duty of care. The accepted test for this is that articulated by Lord Wilberforce in Anns v. Merton London Borough Council (1977), [1979] A.C. 728, at 751, that there is “a sufficient relationship of proximity or neighbourhood” between the parties, which, in turn, involves “reasonable contemplation” of the likelihood of harm; i.e., foresight of possible damage to the plaintiff if the defendant is careless. If this issue is resolved in favour of a duty of care, it must then be considered whether there is some policy that would “exclude or limit the effect of any such duty.” [as adopted in Kamloops v. Nielsen, 1984 CanLII 21 (SCC), [1984] S.C.J. 29 (SCC)]. (3) Malicious prosecution