What is the test to establish a duty of care in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Royalty Construction Inc. v. New Home Warranty Program of Saskatchewan Inc., 2010 SKQB 270 (CanLII):
A duty of care is the first legal element required in establishing a negligence action. The test to establish a duty was recognized in Cooper v. Hobart, 2001 SCC 79, [2001] 3 S.C.R. 537, and focuses on a “sufficiently proximate relationship” that can be “identified through the use of categories”. If such a close and direct relationship cannot be found to establish a prima facie duty, then a case must be made that the claim is sufficiently analogous to an existing category that a duty should be recognized.
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