The following excerpt is from Ingles v. Tutkaluk Construction Ltd., [2000] 1 SCR 298, 2000 SCC 12 (CanLII):
14 Sharpe J. applied the test set out in Kamloops (City of ) v. Nielsen, 1984 CanLII 21 (SCC), [1984] 2 S.C.R. 2, and agreed with the trial judge that the city had made a policy decision to inspect building plans and construction, and thus that it owed a duty of care to any person reasonably within its contemplation as someone to be injured by a breach of its duty. Sharpe J. then proceeded to apply the two-step analysis of the duty of care as set out in Kamloops v. Nielsen. Namely, he asked whether the city was in a relationship of proximity with the appellant such that it could contemplate that carelessness in its inspection would harm the appellant. Second, he asked whether there were any policy considerations which would negate the duty in these circumstances.
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