Do We Really Need the Anns Test for Duty of Care in Negligence?
Since its formal adoption in 1984, the Supreme Court of Canada has applied the Anns test
31 times. This article uses those decisions to assess the test’s value in negligence law. Based
on that analysis, the Anns test has two disadvantages: (1) it treats dissimilar duty questions
as if they were alike; and (2) it can divert courts into an Anns analysis when a more direct
approach to duty of care would be better. However, despite its disadvantages, three decades
of continued use by the Supreme Court makes it unlikely that the Anns test will be
abandoned anytime soon.
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