Does a complete Anns analysis need to be undertaken to establish a duty of care?
Alberta, Canada
The following excerpt is from Elder Advocates of Alberta Society v. Alberta, 2008 ABQB 490 (CanLII):
Where a duty of care previously has been found to exist in terms of the same category of relationship, the complete Anns analysis need not be undertaken as a prima facie duty of care will be found to arise. If the situation involves a new category of claim, it is necessary to consider whether proximity has been established: Childs v. Desormeaux, 2006 SCC 18 at para. 15, [2006] 1 S.C.R. 643.
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