Tag Archives: Duty of Care

Wild Boars and Duty of Care: Statutory Authority and Civil Liability

Ontario Court of Appeal (OCA) has refused to strike a claim against the City of Pickering, filed by a wild boar farmer. The December 2013 decision, Rausch v. Pickering (City), 2013 ONCA 740, considers issues and tests related to pleadings, limitations, duty and standards of care, and motions to strike. It also considers the relationship […]

Legal Word of the Day: “Misfeasance”

“Misfeasance”: Misfeasance is a common-law tort. It applies to acts that, while legal, are performed improperly, in a civil setting. “Misfeasance in public office” is a related tort. To succeed in an action for misfeasance in public office, a plaintiff must show that the public office-holder defendant breached a duty of care, by improperly performing […]

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

“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 […]

Legal Word of the Day: “Foreseeability”

“Foreseeability” — In the tort of negligence, the ability to perceive in advance, or reasonably anticipate that, damage or injury will likely ensue from acts or omissions. Both the claimant and the kind of injury that was caused must be objectively foreseeable. The claimant must be in the “zone of danger” created by the defendant’s […]

Confidence-building Contract Quiz

Contract law affects everyone. Paralegals in Ontario are licensed to represent litigants in civil actions, where the amount of the claim is less than $25,000. Scenarios in this quiz provide a broad overview of some situations that can lead to a small claims action.   What happens if Jack doesn’t water Jill’s lawn? Should singing […]

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