What is the test for imposing a duty of care in a novel situation?
Ontario, Canada
The following excerpt is from Rayner v McManus, 2017 ONSC 3044 (CanLII):
The Court in Cooper v. Hobart, at paragraph 39, specifically addressed the second stage of the test where a duty of care is being alleged in a novel situation, as in the case at bar: However, where a duty of care in a novel situation is alleged, as here, we believe it is necessary to consider both steps of the Anns test as discussed above. This ensures that before a duty of care is imposed in a new situation, not only are foreseeablity and relational proximity present, but there are no broader considerations that would make imposition of a duty of care unwise.
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