Does a government have a duty of care under tort law as a result of the injuries sustained by a plaintiff in a motor vehicle accident?
Ontario, Canada
The following excerpt is from Baric v. Tomalk, 2006 CanLII 6905 (ON SC):
Cory J. in Swinamer v. Nova Scotia (Attorney General) 1994 CanLII 122 (SCC), [1994] 1 S.C.R. 445 (S.C.C.) observed that as a general rule, governments will have the same duty of care under tort law as individuals do. This conclusion signalled a shift away from the traditional view that public authorities did not owe a duty of care to individuals unless there was some underlying statutory basis for liability.
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