What is the standard of care owed to a railway?
British Columbia, Canada
The following excerpt is from Huang v Canadian National Railway Company, 2018 BCSC 1235 (CanLII):
Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201, is the leading authority on the liability of railways. The decision expressly abolished a long-standing common law rule limiting the standard of care for railways to compliance with statutory obligations and administrative orders, absent extraordinary circumstances. A unanimous court concluded that railways should not enjoy special protection when their acts or omissions cause harm to members of society. Applying the “ordinary” principles of negligence, Justice Major held the standard of care owed by a railway is that of a prudent and reasonable person in the circumstances, having regard to all the relevant factors.
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