“Novel Duty of Care” — Traditional and established situations of where a duty of care exists for purposes of negligence are not exhaustive. A test for establishing a “novel duty of care” was originally set out by the House of Lords in Anns v. Merton London Borough Council,  A.C. 728 (the Anns Test). The test calls for proof that:
- The harm complained of was a reasonably foreseeable consequence of the alleged breach
- There is sufficient proximity between the parties and it would not be unjust or unfair to impose a duty of care on the defendants; and
- There exist no policy reasons to negate or otherwise restrict the duty.
Choc v. Hudbay Minerals Inc., 2013 ONSC 1414
Kamloops (City of ) v. Nielson,  2 S.C.R. 2