What is the test for a motion to sustain a common law common law tort for breach of a statutory requirement?
Ontario, Canada
The following excerpt is from Boulanger v. Johnson & Johnson Corp., 2003 CanLII 52154 (ON CA):
The motions judge found that in so far as these pleadings simply allege a nominate tort of breach of statute, they cannot be sustained. I agree. While a statutory requirement can inform a common law duty of care, there is no cause of action in tort for breach of a statute. See Canada v. Saskatchewan Wheat Pool, 1983 CanLII 21 (SCC), [1983] 1 S.C.R. 205.
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