What is the test for negligence in a personal injury action?

Ontario, Canada


The following excerpt is from Labreche Estate v. Harasymiw, 1992 CanLII 8629 (ON SC):

Negligence is the doing of something which a reasonably prudent person would not do under circumstances similar to those shown by the evidence. In other words, the obligation of a person who owes a duty of care to another is that he must act in accordance with the standards of the reasonable person. Once a duty of care is found to be owed by a defendant to a plaintiff, the question whether the defendant has fulfilled that standard of care is a question of fact: DesBrisay v. Canadian Government Merchant Marine Ltd., 1941 CanLII 27 (SCC), [1941] 2 D.L.R. 209 at p. 213, [1941] S.C.R. 230, 52 C.R.T.C. 251.

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