Is there a recognized duty of care?

The first stage of the Anns analysis requires preliminary consideration of whether, in relation to the claim being advanced, there presently exists a recognized duty of care. The question in this regard is whether the claim advanced is one which falls within or is analogous to any category of cases where a duty of care has previously been recognized. I conclude that it does not. See: Cooper v. Hobart, supra, at para. 36. Significantly, the respondent does not contend otherwise and has not cited any case authority where liability has been imposed on the specific basis described in the statement of claim.