Client Update: Negligence: What Is Reasonably Foreseeable?

A recent decision from the Supreme Court of Canada clarifies determination of what is "reasonably foreseeable": Rankin (Rankin's Garage & Sales) v J.J., 2018 SCC 19. 

The case involved two teenagers under the influence of alcohol and marijuana who, while looking for valuables to steal from vehicles, found a vehicle unlocked with the keys in its ashtray at Rankin's Garage & Sales. They took the vehicle and were on their way to pick up a friend when they were involved in an accident that left one of the teenagers with catastrophic brain injury. At trial and appeal, the garage was held 37% liable. The Supreme Court of Canada reversed that finding in a 7-2 decision, holding that the evidence did not establish a duty of care owed by the garage; the evidence did not establish that the risk of harm was reasonably foreseeable.