What is the test for knowledge of an individual to have known of an unusual danger?
Saskatchewan, Canada
The following excerpt is from Miller v. Unity Union Hospital Board, 1974 CanLII 928 (SK QB):
Having reached the conclusion that I have on the question of knowledge on the part of the defendant of the unusual danger, it becomes unnecessary for me to go further in answering the questions posed by Ilsley C.J. in Smith v. Provincial Motors Ltd., supra. That is to say, the question of whether the defendant used reasonable care to prevent danger to the plaintiff from the unusual danger cannot arise when it has been found that the defendant neither knew of the unusual danger nor ought, under the circumstances, to have known of it. The plaintiff, on the claim that she has made against the defendant, cannot recover in this action.
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