Is contributory negligence not a factor in determining whether the city owes the Biskey damages?
Ontario, Canada
The following excerpt is from Biskey v. Corp. Of The Municipality Of Chatham-Kent, 2011 ONSC 413 (CanLII):
The contributory negligence, if any, of the Biskeys is not a factor in deciding whether the city owes them a duty, unless they totally absent themselves from the building permit process. They did not. They participated in the building permit process. Any negligence on their part in continuing to build can only be considered once a duty is found owed to them by the city and a breach of that duty is found resulting in damages suffered by them. The city it may be said, has a duty to protect people from themselves. (See Ingles v. Tutkaluk.)
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