What is the test for having a "special relationship" with another party?
Saskatchewan, Canada
The following excerpt is from Koch v. Nelson Lumber Co. Ltd., 1980 CanLII 2074 (SK CA):
Lord Justice Ormrod in Esso Petroleum v. Mardon, makes this observation with which I agree: (page 827) There is no magic in the phrase ‘special relationship’; it means no more that a relationship the nature of which is such than one party, for a variety of possible reasons, will be regarded by the law as under a duty of care to the other.
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