What is the test for pleading in a private law negligence claim against the province?

Ontario, Canada


The following excerpt is from Leroux v. Ontario, 2021 ONSC 2269 (CanLII):

As it relates to the negligence claim, the law is clear that the claim as pleaded must disclose that the respondent has a reasonable cause of action against the province, which distilled to its essence means that the pleadings must provide a basis upon which the province can be said to owe a private law duty of care to the respondent: see Taylor v. Canada (Attorney General), 2012 ONCA 479, paras. 21-22.

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