Is there a tort for breach of statutory duty in Canada?

British Columbia, Canada


The following excerpt is from Tekamar Mortgage Fund Ltd. v British Columbia, 2021 BCSC 886 (CanLII):

There is no tort of breach of statutory duty in Canada (although this may be evidence of negligence). The existence of a private law duty of care must be established by the application of common law principles applying the Cooper/Anns analysis: Wu v. Vancouver (City), 2019 BCCA 23 at paras. 39-82, leave to appeal refused [2019] S.C.C.A 90

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