Legal Word of the Day: “Novel Duty of Care”

NEGLIGENCE_poster

“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, [1978] 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.

Referenced in:

Choc v. Hudbay Minerals Inc., 2013 ONSC 1414

Kamloops (City of ) v. Nielson, [1984] 2 S.C.R. 2

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