INTRODUCTION

The question of whether a duty of care is owing is perhaps nowhere more important that in the context of liability of public authorities. New duties do, of course, arise in respect of private parties. (1) But the increasing range of state activity and the diversity of governing statutes means that in practice, difficult questions of duty arise on a continuing basis with respect to public authorities. Kamloops v. Nielsen, (2) a modern leading case on the general duty of care, was also a case of public authority liability. The stream has remained steady since then. From public works departments in Just, Brown and Swinamer, (3) to financial regulators in Cooper ...

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