Is there a cause of action against a government authority for negligent breach of statutory duty?
Alberta, Canada
The following excerpt is from RVB Managements Ltd v Rocky Mountain House (Town), 2014 ABQB 51 (CanLII):
Further, the law does not recognize an action for negligent breach of statutory duty. A breach of a statutory duty by itself does not constitute negligence: The Queen in Right of Canada v. Saskatchewan Wheat Pool, 1983 CanLII 21 (SCC), [1983] 1 SCR 205. As previously noted, the proper remedy for breach of statutory duty by a public authority is judicial review for invalidity. There is no cause of action against a government authority for negligent breach of statutory duty by acting outside or contrary to the law: Holland v Saskatchewan, 2008 SCC 42 at para 8. Regulatory or statutory breaches are not the equivalent of negligence or a trespass.
"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 party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
What is the test for a plaintiff to bring an action against the owner of the premises for damages caused by the owner’s negligence? (Alberta, Canada)
Is systemic negligence a tort or can sustain a cause of action by an individual? (Alberta, Canada)
If the factual situation was pled in terms of duty, breach and damage relating to negligent building of the house, would that pleading have been sufficient? (Alberta, Canada)
Is there any cause of action estoppel or breach of contract? (Alberta, Canada)
What is the test for contributory negligence under the Contributory Negligence Act? (Alberta, Canada)
When authority from Scotland has been incorporated into our law, is it appropriate that we reconsider our decisions when authority from another jurisdiction is called into question in that jurisdiction? (Alberta, Canada)
How have courts dealt with the argument that negligence or lack of care on the part of a visitor relieves the occupier of his duty to make the premises reasonably safe? (Alberta, Canada)
What is the test for determining whether a defendant is liable for any injuries caused or contributed to by their negligence? (Alberta, Canada)
What is the test for a shareholder to sue for breach of duty owed to the company? (Alberta, Canada)
