What is the test for determining whether there is a duty of care against a government agency?

Manitoba, Canada


The following excerpt is from A.J. v. W.D., 1999 CanLII 14143 (MB QB):

The next consideration is whether any factors existed which would eliminate or limit the duty found. As stated by Cory J. in Just v. British Columbia, 1989 CanLII 16 (SCC), [1989] 2 S.C.R. 1228 at 1244: It may be convenient at this stage to summarize what I consider to be the principles applicable and the manner of proceeding in cases of this kind. As a general rule, the traditional tort law duty of care will apply to a government agency in the same way that it will apply to an individual. In determining whether a duty of care exists the first question to be resolved is whether the parties are in a relationship of sufficient proximity to warrant the imposition of such a duty. In the case of a government agency, exemption from this imposition of duty may occur as a result of an explicit statutory exemption. Alternatively, the exemption may arise as a result of the nature of the decision made by the government agency. That is, a government agency will be exempt from the imposition of a duty of care in situations which arise from its pure policy decisions.

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