What is the test for a finding of negligent negligence?
British Columbia, Canada
The following excerpt is from Dong v. Lentsch, 2021 BCCRT 841 (CanLII):
12. In order for the respondents to be found negligent, the applicants must prove the respondents owed the applicants a duty of care, that they breached the standard of care, and the applicants sustained damage that was caused by their breach (see Mustapha v. Culligan of Canada Ltd., 2008 SCC 27).
13. I find that as neighbours and fellow condo owners in a multi-unit building, the respondents owed the applicants a duty of care. The applicable standard of care is reasonableness (see Burris v. Stone et al, 2019 BCCRT 886 at paragraph 28).
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