What is the test for a plaintiff to bring a claim in negligence?
Ontario, Canada
The following excerpt is from Hacopian-Armen Estate v. Mahmoud, 2021 ONCA 545 (CanLII):
A plaintiff asserting a claim in negligence must establish four things: (a) that the defendant owed the plaintiff a duty of care; (b) that the defendant’s conduct breached the applicable standard of care; (c) that the plaintiff sustained damage; and (d) that the defendant caused the damage in fact (factual causation) and in law (legal causation): Mustapha v. Culligan of Canada Ltd., 2008 SCC 27, [2008] 2 S.C.R. 114, at para. 3.
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