What is the province's position on a claim for damages arising out of a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Ogden v. Gulf Log Salvage Co-Operative Association, 2004 BCSC 53 (CanLII):
The Province does not agree that this case is analogous to Just v. British Columbia, supra, and says that the mere existence of a duty in Just is not relevant to whether a duty exists here. The Province asserts that because the claims of the plaintiff are novel and are not analogous to a recognized duty of care, the analysis in Cooper v. Hobart, supra, must be applied.
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