What is the test for a prima face duty of care?
Ontario, Canada
The following excerpt is from Sigurdson et al v. Norbord Inc. et al., 2021 ONSC 5193 (CanLII):
If a plaintiff is successful in establishing a prima face duty of care, then the question at the next stage of the inquiry is whether there are policy considerations that justify denying imposition of a duty of care. These considerations have nothing to do with the relationship between the parties to the litigation, but rather broader considerations as to the effect of recognizing a duty of care on other legal obligations, the legal system and society more generally. See: Cooper v. Hobart, at paras. 37-39. Application of the Test:
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