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The trial judge at the Ontario Superior Court of Justice found that the injury to Childs was reasonably foreseeable, that is, a reasonable person in the position of Mr. Courrier and Ms. Zimmerman would have foreseen that Mr. Desormeaux might cause an accident and injure someone else—but refused to impose a duty of care based on public policy ...
Generally, a duty of care arises where one individual or group undertakes an activity which could reasonably harm another (or themselves), either physically, mentally, or economically. This includes common activities such as driving (where physical injury may occur), as well as specialised activities such as dispensing reliant economic advice ...
Tort law. In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence.
McKinney v University of Guelph. [1990] 3 SCR 229. December 6, 1990. Case broadened the scope of the Charter, elaborated use of section 15. Stoffman v Vancouver General Hospital. [1990] 3 SCR 483. December 6, 1990. application of the Charter; age discrimination. Douglas/Kwantlen Faculty Assn v Douglas College.
April 18, 1984 – appointment of Brian Dickson as Chief Justice. Law Society of Upper Canada v Skapinker. [1984] 1 SCR 357. May 3, 1984. Mobility rights, practice of law. Kamloops (City of) v Nielsen. [1984] 2 SCR 2. July 26, 1984. Duty of care of municipality for operational decisions; recoverable economic loss; limitation periods.
Social host liability. Social host liability is created by a statute or case law that imposes liability on social hosts as a result of their serving alcohol to adults or minors. A social host is most often a private individual who serves alcohol in a non-commercial setting. Persons subject to social-host liability in civil actions are typically ...
Caparo Industries PLC v Dickman [1990] UKHL 2 is a leading English tort law case on the test for a duty of care. The House of Lords, following the Court of Appeal, set out a "three-fold test". In order for a duty of care to arise in negligence: it must be fair, just and reasonable to impose liability. The final conclusion arose in the context ...
This is a chronological list of notable cases decided by the Supreme Court of Canada from the formation of the Court in 1875 to the retirement of Gérald Fauteux in 1973. Note that the Privy Council heard appeals for criminal cases until 1933 and for civil cases until 1949. Also between 1888 and 1926, no criminal appeals were allowed to the ...