What is the difference between a trial judge's interpretation of the moral duty test and statutory duty under section 2 of the Mental Health Act?
British Columbia, Canada
The following excerpt is from Wagner v. Wagner Estate, 1991 CanLII 5739 (BC CA):
I am of the opinion that the trial judge correctly applied the moral duty test and thereby reached the right result. Moreover, I am of the opinion that the same result would obtain by the application of Walker v. McDermott and the statutory duty under s. 2 of the Act.
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