What is the test for determining whether a plaintiff has a duty of care under the Anns’s Test?
Ontario, Canada
The following excerpt is from 118143 Ontario Inc. v City of Mississauga, 2015 ONSC 3691 (CanLII):
Moving to the second step of the Anns’ test, the court must examine any policy concerns that would negate or limit the prima facie duty of care. On this step, policy considerations “are not concerned with the relationship between the parties, but with the effect of recognizing a duty of care on other legal obligations, the legal system and society more generally”: Cooper v. Hobart.
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