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Ontology: Ontario Court of Appeal allows a motion-to-strike appeal in part and grants leave to amend a negligence claim tied to Firearms Act licensing.
On the facts, no novel duty of care was imposed on the social host: the harm (battery by an autonomous guest) was not reasonably foreseeable to the host and the party did not present an inherent and obvious risk; the Occupiers' Liability Act did not impose liability for the intentional tort of a third-party guest under these circumstances; Ashton Anderson was liable both for intentional battery and in negligence for kicking/pushing the plaintiff down the stairs, and the host Sydney Kenney was not liable for AA’s actions.
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The court struck a claim by licensed cannabis retailers, finding the Province owed no private duty of care to enforce the CCLA against unlicensed sellers on reserves.
The court held that the PGT’s solicitor owed no duty of care to the beneficiary, so the application to add the solicitor as a party was dismissed.
The Court of Appeal dismissed an appeal about whether a snow-removal contractor owed a duty of care to a passerby injured on a city sidewalk.
Halifax owes the ordinary negligence standard (duty to take reasonable care) for maintenance of a public sidewalk excluded from the Occupiers' Liability Act; whether statutory standard applies to Leahey's is immaterial here; on the non-suit record the plaintiff produced evidence (photographs, temperature records, contract terms, sparse snow logs, testimony of no salt at the site) which, taken as true and given the most favourable inference, was sufficient for a properly instructed jury to infer a breach of the standard of care; therefore the defendants' non-suit motion must be dismissed.
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Cet appel en responsabilité délictuelle porte sur la responsabilité d’hôtes sociaux envers un mineur blessé après avoir quitté une fête. La Cour rejette l’appel.
The court struck the claim against the College of Physicians and Surgeons of British Columbia, finding no private law duty of care arose on the pleaded facts.
Appeal dismissed from an order striking negligence pleadings arising from cancellation of an environmental permit; no private duty of care was recognized.
The claim fails at the first stage of the Anns/Cooper test because the Corporations Information Act and its provisions (notably s.21 permitting acceptance without inquiry and s.10 providing public access) demonstrate no statutory or interactional basis for a proximate relationship; payment for access does not create proximity and the statute does not contemplate third-party reliance, so no private law duty of care arose.
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