Date: Wed, 1 Jun 2005 09:28:41 -0400

From: Jason Neyers

Subject: James v. BC

Dear Colleagues:

Just had a chance to read the BCCA case of James v. BC. Personally, I did not find the court's reasoning very persuasive on either of the main issues. First, I cannot see how the duty owed by the minister was not a duty to the public and therefore did not raise the potential conflict problems raised in Cooper. Second, I cannot agree with the courts position that detrimental reliance is not a necessary ingredient in making out a negligent provision of services case.

I would though be interested in any of your thoughts.

Cheers,

--
Jason Neyers
January Term Director
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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