What is the test for a claim of negligence in a motor vehicle accident?

Nova Scotia, Canada


The following excerpt is from Seguin v. Ramar Construction Ltd., 2014 NSSC 170 (CanLII):

Turning to the claim of negligence, I begin from well known general principles (taken from Sheridan v. Beals [2008] N.S.J. No. 52, at para. 33): It is well-established law that in order to be successful in a negligence claim, the plaintiff must prove a duty of care owed by the defendant, a breach of that duty of care in that the defendant failed to exercise the standard of care required of a person using reasonable care and skill in the circumstances, and that the breach was the cause of the proven damages that were reasonably foreseeable.

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