Can a plaintiff prove a breach of a statutory duty?
British Columbia, Canada
The following excerpt is from Daum v Borsuk, 2020 BCSC 2013 (CanLII):
In any event, even if the plaintiff could prove a breach of a statutory duty, that does not constitute negligence and there is no recognizable action for negligent breach of a statutory duty. Public bodies’ decisions about what acts to perform under a statute are policy decisions that do not give rise to liability in negligence: Holland v. Saskatchewan, 2008 SCC 42 at paras. 9, 14.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff bring a claim against a physician in negligence, breach of contract and breach of fiduciary duty? (British Columbia, Canada)
In what circumstances will a plaintiff have to prove that a breach of her duty caused the loss of her leg? (British Columbia, Canada)
What are the circumstances in which the petitioner's claim is based in breach of fiduciary and statutory duties? (British Columbia, Canada)
What is the test for proving a plaintiff's prima facie duty of care? (British Columbia, Canada)
What is the test for proving a breach of a statutory obligation? (British Columbia, Canada)
What is the remedy for breach of statutory duty by a public authority? (British Columbia, Canada)
Is there any case law where a plaintiff’s claim against a former trustee in bankruptcy for negligence and breach of fiduciary duty is found to be an abuse of process? (British Columbia, Canada)
Is there a cause of action for negligent breach of statutory duty? (British Columbia, Canada)
What is the test for finding that Kitimat breached a duty of care to a plaintiff? (British Columbia, Canada)
What is the burden on a plaintiff to prove that a doctor breached the standard of care? (British Columbia, Canada)
