What is the common law common law duty of care owed by the City of Toronto to the developer and the developer?
Alberta, Canada
The following excerpt is from Bowes v. Edmonton (City of), 2007 ABCA 347 (CanLII):
The trial eventually focussed upon two duties of care owed by the City. One was the duty to warn or inform those proposing to build, that there could be dangers in doing so. The second duty (heavily overlapping) was the duty to consider any information about danger before issuing the development and building permits which the plaintiffs sought and got from the City. Those duties are not statutory; they are merely applications of the usual common-law duty of care under Donoghue v. Stevenson [1932] A.C. 562, 101 L.J.P.C. 119 (H.L.(Sc.)).
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