What are the elements of a tort claim for negligence?
Ontario, Canada
The following excerpt is from Healey v. Lakeridge Health Corporation, 2011 ONCA 55 (CanLII):
The first element of a tort claim for negligence is a duty of care owed by the defendant to the plaintiff. Analysis of whether a duty of care exists begins by asking whether the plaintiff and the defendant are in a relationship that has previously been recognized as involving a duty of care. If so, or if the relationship is analogous to a recognized relationship, a prima facie duty of care is established: Cooper v. Hobart, at para. 36.
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