What is the test for a common law common law duty of care to a plaintiff?
British Columbia, Canada
The following excerpt is from Pastuck v. Lake Cowichan (Village of), 1993 CanLII 2544 (BC CA):
26 The trial judge concluded that the Village had not breached its common law duty of care to the plaintiff. In reaching that conclusion he applied the analysis in Just v. R., 1989 CanLII 16 (SCC), [1989] 2 S.C.R. 1228, 64 D.L.R. (4th) 689, [1990] 1 W.W.R. 385, 41 B.C.L.R. (2d) 350.
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