16. That said, the respondent was at the helm of at the time the boat ran aground and may bear some liability if he was negligent in the operation of the boat. To be successful in an action for negligence, the applicant must establish that the respondent owed him a duty of care, that the respondent breached the standard of care, that the applicant sustained damage, and that the damage was caused by the respondent’s breach (see Mustapha v. Culligan of Canada Ltd., 2008 SCC 27).
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