What is the legal burden of establishing a duty of care?
Yukon, Canada
The following excerpt is from McClements v. Pike, 2012 YKSC 84 (CanLII):
The plaintiff has the ultimate legal burden of establishing the duty of care. However, once the plaintiff establishes a prima facie duty of care, the evidentiary burden of showing countervailing policy considerations shifts to the defendant: Childs v. Desormeaux, 2006 SCC 18, at para. 13.
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