The defendant appealed an order dismissing its motion to strike the plaintiffs' statement of claim.
The plaintiffs sued the provincial government in negligence after the deceased contracted West Nile Virus, alleging the government failed to reasonably implement its prevention plan.
The Divisional Court upheld the motion judge's finding that it was not plain and obvious the claim would fail, as the relevant public health legislation conferred sufficient powers on the government to potentially ground a private law duty of care at the operational level.
The appeal was dismissed.
