Does the Attorney General have a duty to care for non-wards?

Nova Scotia, Canada


The following excerpt is from Elwin v. Nova Scotia Home for Coloured Children, 2013 NSSC 411 (CanLII):

Paragraph 23 pleads that the Province “was responsible for the care, maintenance, education, protection and supervision of the Plaintiffs and Class Members as wards in custody of the Province” (emphasis added). This paragraph adequately pleads that the Province has a relationship with those class members who were its wards. A duty of care in such situations has been recognized at law: Broome v. Prince Edward Island, 2009 PECA 1, affirmed at 2010 SCC 11. The Attorney General has admitted to such a duty, and admits that the Statement of Claim adequately pleads the elements of a cause of action in negligence for wards. However, there does not appear to be a pleading of a duty of care for non-wards. I cannot, therefore, assume this to be true for purposes of the motion.

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