Is a breach of a statutory duty sufficient to establish negligence?

Manitoba, Canada


The following excerpt is from Crescent View Farms Ltd. et al. v. ULS Industries Ltd. et al., 2020 MBQB 191 (CanLII):

While a breach of a statutory duty does not, in and of itself, establish negligence, the applicable legislative standards and regulatory framework should inform the negligence analysis and the applicable standard of care. In Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201, it states:

Legislative standards are relevant to the common law standard of care, but the two are not necessarily co-extensive. The fact that a statute prescribes or prohibits certain activities may constitute evidence of reasonable conduct in a given situation, but it does not extinguish the underlying obligation of reasonableness. See R. in right of Canada v. Saskatchewan Wheat Pool, 1983 CanLII 21 (SCC), [1983] 1 S.C.R. 205. . . . Statutory standards can, however, be highly relevant to the assessment of reasonable conduct in a particular case, and in fact may render reasonable an act or omission which would otherwise appear to be negligent. This allows courts to consider the legislative framework in which people and companies must operate, while at the same time recognizing that one cannot avoid the underlying obligation of reasonable care simply by discharging statutory duties.

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