What is the test for establishing a duty of care between the parties?

If the relationship between the parties has not been previously considered as giving rise to a duty of care, the court must determine, considering the relationship in issue, whether it should create a new category of relationship which would give rise to a prima facie duty of care. The court will consider a number of factors, including the expectations of the parties, representations made and reliance on those representations as well as the property or other interests involved. The factors are diverse and there is no single factor which is determinative of whether the relationship is sufficiently proximate. Generally, the factors are those which assist the court in determining the closeness of the relationship and whether it would be just and fair to impose a duty of care in the context of that relationship. See: Cooper v. Hobart at paragraphs 34 and 35.