What is the test for establishing a prima facie duty of care?

In some circumstances, the analysis may be shortened. If a case is very similar to one in which a duty of care has been [page599] recognized, the inquiry moves to the second stage. [See Note 29 below] As Doherty J.A. wrote in Taylor v. Canada: At the first stage of the inquiry, the court begins by asking whether the claim advanced describes a relationship that is the same as or analogous to a relationship that courts have previously recognized as giving rise to a prima facie duty of care. If the relationship fits within that description, the court, in the interests of consistency and efficiency, will assume a prima facie duty of care and move directly to the second stage of the duty of care inquiry. [See Note 30 below]