What is the test for proving a plaintiff's prima facie duty of care?
British Columbia, Canada
The following excerpt is from Carhoun & Sons Enterprises Ltd. v. Canada (Attorney General), 2015 BCCA 163 (CanLII):
The onus is on the plaintiff to show a prima facie duty of care (through answering questions 1–3, above); but the onus is on the defendant to establish any policy reasons for negating the prima facie duty of care: Childs v. Desormeaux, 2006 SCC 18 at para. 13. Only questions 3 and 4 are in issue on this appeal.
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