Can a public statute, empowering public actors to accomplish public goals, alone give rise to a private duty between those public actors and a particular member of the public?
British Columbia, Canada
The following excerpt is from Wu v. Vancouver (City), 2019 BCCA 23 (CanLII):
Notwithstanding judicial comment to the contrary, it is hard to see how a public statute, empowering public actors to accomplish public goals, could alone give rise to a private duty between those public actors and a particular member of the public. Unless the statute conferred a right of action or limited such a right or any remedy, one would expect the statute to be a neutral factor in the analysis. Statutes generally do not create a private law duty of care: Reference re Broome v. Prince Edward Island, 2010 SCC 11 at ¶ 13.
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