What is the test for determining that there is no cause of action in negligence?

I am mindful of Feldman J.A.’s caution in Haskett v. Equifax that the court should be circumspect about using policy concerns, at the second stage of the Anns test, to determine that there is no duty of care owing. The policy inquiry at the second stage of the Anns test, which focuses on policy considerations outside the relationship of the parties, is engaged only if it a prima facie duty of care arises under the first stage of the Anns test. I have concluded that it is plain and obvious that a prima facie duty of care could not be found under the first stage of the Anns test, and do not use policy concerns of the type considered at the second stage of the Anns test to determine that it is plain and obvious that there is no cause of action in negligence.