Is there a duty of care under the Anns test under which a public authority is bound by its own financial considerations?
British Columbia, Canada
The following excerpt is from Jones v. Donaghey, 2010 BCSC 1498 (CanLII):
As counsel for the government submitted, similar considerations arise at the second stage of the Anns test in determining whether an asserted duty of care falls within the scope of government policy thus negativing any prima facie duty of care. A public authority is under no duty of care relating to decisions involving or dictated by financial, economic, social or political factors or restraints. See Just v. British Columbia, 1989 CanLII 16 (SCC), [1989] 2 S.C.R. 1228 at 1242.
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