Ontario Barrister and Solicitor Practice Exam 2026 - Free Barrister and Solicitor Practice Questions and Study Guide

In a negligence claim, a plaintiff is required to establish four key elements: duty of care, breach of that duty, causation, and damages.

The duty of care refers to the legal obligation of one party to act with care and caution towards others, which means that individuals must refrain from acts or omissions that could foreseeably cause harm to others. Once the duty of care is established, the plaintiff must then prove that the defendant breached this duty by failing to act as a reasonable person would under similar circumstances.

Causation involves demonstrating that the defendant's breach directly caused the harm incurred by the plaintiff. This links the breach of duty directly to the damages suffered. Finally, the plaintiff must show that actual damages occurred as a result of the defendant's actions. These damages could be physical injuries, financial losses, or other types of harm.

The other options do not encompass the full scope of what must be proven in a negligence claim. For instance, proof of intent to harm is not necessary in negligence actions, as negligence does not require intentional wrongdoing. Emotional distress alone without showing the other elements would not satisfy the requirements of a negligence claim. While witness testimonies can support a case, they are not themselves a requirement that the plaintiff needs to