What is the test for determining whether a defendant owes a plaintiff a duty of care?
Ontario, Canada
The following excerpt is from Wawrzyniak v. Livingstone, 2019 ONSC 4900 (CanLII):
The first question is whether a duty of care was owed by the defendants to the plaintiff. This question is answered by first determining whether the proposed cause of action fits within an established category of relationships giving rise to a duty of care. Where the relationship between the plaintiff and defendant is of a type that has already been judicially recognized as giving rise to a duty of care, or is analogous to a recognized duty, a court may usually infer that sufficient proximity is present and that if the risk of injury was foreseeable, a prima facie duty of care will arise. See Paxton v. Ramji, 2008 ONCA 697 at para. 30 and authorities cited.
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