What is the test for proximity in a motor vehicle accident?

Prince Edward Island, Canada


The following excerpt is from McGowan v. Bank of Nova Scotia, 2011 PECA 20 (CanLII):

The ultimate purpose of the proximity analysis is to determine if the relationship between the plaintiff and the defendant is sufficiently close or proximate to make it just and fair that a duty of care should be imposed upon a defendant. The factors to be considered in conducting the proximity analysis are not restricted; however, it usually will involve a consideration of the expectations, representations, reliance and property or other interests of the parties involved in the proceeding. See: Cooper v. Hobart at paras. 33 & 34.

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