What is the duty of care of care for a plaintiff who was injured in a motor vehicle accident?

Ontario, Canada


The following excerpt is from Fenn v. Ontario (Health and Long-Term Care), 2005 CanLII 56208 (ON SC):

In the case of Just v. British Columbia, 1989 CanLII 16 (SCC), [1989] 2 S.C.R. 1228 at paras. 28 and 29, Cory J. sets out a useful guide to the principles applicable in determining whether the tort law duty of care applies in a particular situation. The first step is to consider whether the parties are in a relationship of sufficient proximity to warrant the imposition of such a duty. When it is the government that is involved, there may be an exemption from the duty either as a result of an explicit statutory exemption (which is not the case here) or because of the nature of the decision. The government will be exempt in situations that arise from pure policy decisions.

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