In what circumstances can a common duty of care be implied versus expert evidence?
British Columbia, Canada
The following excerpt is from Argo Ventures Inc. v Choi, 2019 BCSC 85 (CanLII):
In Brown v. Douglas, 2010 BCSC 1059, rev’d 2011 BCCA 521 (but not on this issue), Mr. Justice Willcock summarized the law on when a common duty of care can be implied versus situations where expert evidence is required. Although in that case he was dealing with allegations that the agents had breached a contractual duty of care, the principles enunciated by Mr. Justice Willcock are useful in this case.
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