Does the duty of care analysis apply in a non-suit application?
Alberta, Canada
The following excerpt is from Waap v. Alberta, 2008 ABQB 544 (CanLII):
Where a duty of care in negligence is in issue, the duty of care analysis should be applied in a non‑suit application: Holtslag v. Alberta, 2006 ABCA 51, 380 A.R. 133, leave to appeal refused [2006] S.C.C.A. No. 142 (S.C.C. Sep. 14, 2006).
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