What is the current state of the law on the Anns test for determining a duty of care?
British Columbia, Canada
The following excerpt is from Henry v. British Columbia (Attorney General), 2012 BCSC 1401 (CanLII):
The two-stage Anns test needs only be considered in novel situations. It is only when a case does not clearly fall within a relationship previously recognized as giving rise to a duty of care that it is necessary to apply both steps of the Anns test: Childs v. Desormeaux, 2006 SCC 18, [2006] 1 S.C.R. 643.
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