What is the test for standard of care in a personal injury case?

In light of the arguments advanced by the parties in the present case, it is useful to begin a consideration of the standard of care principles by emphasizing the distinction between the existence of a duty of care, and the content of the standard of care required of the defendant to discharge the duty. The existence of a duty of care is a question of law. It turns on the nature of the relationship between the parties; specifically, whether there is a relationship of sufficient proximity such that it is fair to expect the defendant to have the plaintiff in mind as a person foreseeably at risk of harm from the defendant’s actions and omissions. The question of what conduct was required of the defendant to satisfy the duty of care is a question relevant to the standard of care: Stewart v. Pettie, 1995 CanLII 147 (SCC), [1995] 1 S.C.R. 131 at para. 32.