What is the standard of care of an occupier's duty of care to his neighbour?

Saskatchewan, Canada


The following excerpt is from Lake v. Moose Jaw, City of, 1981 CanLII 2453 (SK QB):

In my opinion the defendant is liable as well in negligence. An occupier’s duty of care to his neighbour was framed in the following terms in the headnote of the case of Goldman v. Hargrove et al. [1966] 2 All E.R. 989: There is a general duty of care on an occupier of land, on which a hazard to his neighbour arises, to remove or reduce the hazard, whether it arises by the Act of God, or from natural causes or by human agency; and the standard of the duty of care is to require the occupier to do what is reasonable having regard to his individual circumstances. While the statement of this principle is not binding upon me, it is of persuasive value.

Other Questions


What is the test for damages when a neighbour causes damage to a neighbour’s property? (Saskatchewan, Canada)
Is a private company permitted to occupy and occupy a portion of a subdivision of a residential lot? (Saskatchewan, Canada)
What is the test for setting a standard of standard for the use of the word “with reasonable distinctiveness”? (Saskatchewan, Canada)
What is the extent of annexation of a building by a neighbouring town to a neighbouring community? (Saskatchewan, Canada)
What is the standard of care an occupier is expected to exercise in relation to an invitee? (Saskatchewan, Canada)
What is the duty of the occupier of a premises? (Saskatchewan, Canada)
What is the standard of appellate review in a case? (Saskatchewan, Canada)
What is the patent unreasonableness standard in the interpretation of a collective agreement? (Saskatchewan, Canada)
What is the standard of care owed to an invitee by a store owner? (Saskatchewan, Canada)
What is the definition of "wages" under The Labour Standards Act, 1969? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.