CanadaWhat is the two-stage Anns/Cooper test for establishing a duty of care?
The two-stage Anns/Cooper test is Canada’s framework for determining whether a duty of care exists in negligence: first, assess reasonable foreseeability and sufficient proximity; second, consider residual policy reasons that may negate the duty.
What the Law Says
Canada does not codify the Anns/Cooper test in statute — it is a common law doctrine developed by courts to determine when a duty of care arises in negligence claims.
The Anns/Cooper test originates from English and Canadian jurisprudence and was affirmed and refined by the Supreme Court of Canada in Cooper v. Hobart (2001 SCC 79). It replaced rigid categories of duty with a flexible, principled analysis.
Stage one asks whether harm was reasonably foreseeable and whether there was sufficient 'proximity' — a relationship of sufficient closeness and directness between the parties such that it would be just and fair to impose a duty.
Stage two asks whether there are 'residual policy considerations' — broader societal or legal concerns — that would make imposing a duty inappropriate, even if stage one is satisfied.
What Courts Have Said
The Supreme Court of Canada reaffirmed and clarified the Anns/Cooper test in Rankin (Rankin's Garage & Sales) v. J.J., emphasizing that proximity is not assumed and must be grounded in the specific facts.
The Court held that a commercial garage did not owe a duty of care to a teenager injured by a stolen vehicle because no sufficient proximity existed — the garage had no control over the thief’s conduct, and foreseeability alone was insufficient to ground a duty.
What to Do
Identify the alleged harm and the defendant’s conduct.
Assess whether the harm was reasonably foreseeable to the defendant.
Analyze whether a relationship of proximity existed — e.g., control, reliance, representation, or assumption of responsibility.
Consider whether any residual policy reasons (e.g., indeterminate liability, conflict with statutory schemes, or floodgates concerns) would negate the duty.
Cite Rankin (2018 SCC 19) to support factual analysis of proximity and policy limits.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.