Sentences with phrase «residual policy consideration»

For example, under the «residual policy consideration» criterion, a court should ask whether there is «potential for conflict between a duty of care in negligence and other duties owed by» the government, such as, «duties [owed] to the public at large.»

In Hill, McLachlin CJC explained that «the final stage of Anns is concerned with «residual policy considerations» which «are not concerned with the relationship between the parties, but with the effect of recognizing a duty of care on other legal obligations, the legal system and society more generally».»

[145] Even if proximity and foreseeability are shown, Cooper v Hobart holds that residual policy considerations must be considered before a duty of care is imposed.

Restating the test from Anns v. Merton London Borough Council, [10] the Supreme Court of Canada in Cooper stated that the analysis must focus, first, on whether the harm that occurred was the reasonably foreseeable consequence of the defendant's act and, second, whether, notwithstanding the proximity of the parties, residual policy considerations outside of the relationship between the parties existed that might negative the imposition of a duty of care.

The ultimate determination of the existence of a duty of care will be determined by a trial judge based on the full evidentiary record (including a consideration of any residual policy considerations that may override the prima facie duty of care).

In light of these conclusions, it is unnecessary to address the issue of whether there are any residual policy considerations that would negate the imposition of a duty of care.