Is there a separate tort of breach of statutory duty?
Ontario, Canada
The following excerpt is from Rogers v. Faught, 2002 CanLII 19268 (ON CA):
There is no separate tort of breach of statutory duty. The highest at which an alleged breach of a statutory duty can be put is that “it should be considered in the context of the general law of negligence”: see The Queen in Right of Canada v. Saskatchewan Wheat Pool (1983), 1983 CanLII 21 (SCC), 143 D.L.R. (3d) 9 at 24 (S.C.C., per Dickson J.). In light of the previous analysis with respect to the negligence issue, this is of no assistance to the appellants.
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