What is the test for proving a breach of a statutory obligation?
British Columbia, Canada
The following excerpt is from Deol v Dreyer Davison LLP, 2020 BCSC 771 (CanLII):
The defendants correctly point out that, in general, statutory obligations are not to be treated as implied terms of a contract: Macaraeg v. E Care Contact Centers Ltd., 2008 BCCA 182 [Macaraeg]. Therefore, proving a breach of a statutory obligation does not independently amount to a breach of contract.
However, this does not mean that a breach of an express or implied term of a contract cannot also amount to a breach of a statutory obligation: Lewis v. WestJet Airlines Ltd., 2019 BCCA 63 at para. 47 [Lewis].
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