What is the duty of a public body to issue a conditional building permit?

As they relate to the duty to issue a conditional building permit I take the following from Ingles v. Tutkaluk, supra,: 1) The Anns/Kamloops test should be applied to determine whether a public body owes a duty of care towards individuals. Under the first branch of the test a prima facie duty of care will be established if it can be shown that a relationship of proximity existed between the parties such that it was reasonably foreseeable that carelessness on the part of the public actor would result in injury to the individual. 2) Under the second branch of the test, the court must examine the governing legislation to determine whether a private law duty should be imposed in the particular circumstances. 3) There is a duty at the operational level to use due care when performing the authorized act. 4) Once the duty is found, it is owed to all who may be injured by the negligent actions of the authority.

A successful negligence action requires the plaintiff to demonstrate: 1) that the defendant owed him a duty of care; 2) that the defendant’s behaviour breached the duty; 3) that the plaintiff suffered damage; and 4) that the plaintiff’s damages, in fact and in law, were caused by the defendant’s negligence or breach of duty. See Mustapha v. Culligan, [2008] S.C.R. 114.