Date: Mon, 30 Jul 2007 09:08

From: David Cheifetz

Subject: New Duty Case from the SCC - Syl Apps

You're right, of course, that a court could still decide that a duty of care didn't exist after the Cooper 2nd stage analysis. But the evidence is going to be different. And, there will be some "is it better" / "ought" questions. And, of course, the question that is answered could end up being only: is the duty of care taken away in this particular case, not the general case. That last twist is clearly what the SCC did not want to permit.

David

-----Original Message-----
From: Neil Foster
Sent: July 30, 2007 3:58 AM
Subject: RE: ODG: New Duty Case from the SCC - Syl Apps

Yes, thanks for clarifying that, which I didn't really appreciate.

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