Is there a cause of action for breach of statutory duty?

Ontario, Canada


The following excerpt is from Healey v. Lakeridge Health Corporation, 2006 CanLII 36247 (ON SC):

While, in this jurisdiction, there is no cause of action for breach of statutory duty, per se, it does not follow that a person who, through a failure to exercise reasonable care, breached such a duty that is imposed to protect the public will not be liable in negligence. In Canada v. Saskatchewan Wheat Pool, 1983 CanLII 21 (SCC), [1983] 1 S.C.R. 205, at pages 225-226, Dickson J. stated: Breach of statute, where it has an effect upon civil liability, should be considered in the context of the general law of negligence. Negligence and its common law duty of care have become pervasive enough to serve the purpose invoked for the existence of the action for statutory breach. It must not be forgotten that the other elements of tortious responsibility equally apply to situations involving statutory breach, i.e. principles of causation and damages. To be relevant at all, the statutory breach must have caused the damage of which the plaintiff complains. Should this be so, the violation of the statute should be evidence of negligence on the part of the defendant.

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