What is the test for making out a negligence claim?
British Columbia, Canada
The following excerpt is from K.S. v British Columbia (Ministry of Children and Family Development), 2021 BCSC 1818 (CanLII):
For a case of negligence to be made out, the defendant must first owe the plaintiff a duty of care. If no duty of care is owed, no claim in negligence exists. However, if there is a duty of care, the plaintiff must prove that the standard of care was breached. Damage must be foreseeable and there must be actual damage suffered which is caused by the negligence of the tortfeasor. The plaintiff must prove causation and the plaintiff’s conduct must not pose a bar to recovery. See: Baric v. Tomalk, [2006] O.J. No. 890 (S.C.J.), para. 18.
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