What is the test for establishing a prima facie duty of care in a motor vehicle accident?

Ontario, Canada


The following excerpt is from Shtaif v. Toronto Life Publishing Co. Ltd., 2013 ONCA 405 (CanLII):

Proximity and foreseeability are the elements necessary to establish a prima facie duty of care. In words now well-known in Canadian negligence law, a prima facie duty of care requires “a sufficiently close relationship of proximity between the parties such that, in the reasonable contemplation of the defendant, carelessness on its part might cause damage to the plaintiff”: see Young v. Bella, at para. 28.

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