What is the second step in determining a duty of care on public authorities?

Nova Scotia, Canada


The following excerpt is from Jane Scott v. Town of New Glasgow, 2001 NSSC 118 (CanLII):

The second step in determining the existence of a duty of care on public authorities is outlined by Cory, J. in Just v. British Columbia, 1989 CanLII 16 (SCC), [1989] 2 S.C.R. 1228 at paragraph 13 as follows: “Even with the duty of care established, it is necessary to explore two aspects in order to determine whether liability may be imposed upon the respondent. First, the applicable legislation must be reviewed to see if it imposes any obligation upon the respondent to maintain its highways or, alternatively, if it provides an exemption from liability for failure to so maintain them. Secondly, it must be determined whether the province is exempted from liability on the grounds that the system of inspections, including their quantity and quality, constituted a “policy” decision of a government agency and was thus exempt from liability.”

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