What is the standard of care for RBP's plumbing services?
British Columbia, Canada
The following excerpt is from Rather Be Plumbing Ltd v. 0906978 B.C. Ltd., 2020 BCCRT 393 (CanLII):
20. Given the technical nature of RBP’s plumbing work, I find the standard of care in the circumstances is beyond the knowledge and experience of an ordinary person. In such cases, the party asserting a breach of the standard of care must often provide expert evidence to establish the standard of care (Bergen v. Guliker, 2015 BCCA 283). In the absence of such evidence, I am unable to determine RBP’s standard of care in the circumstances, or whether RBP breached that standard. However, even if RBP’s conduct fell below the standard of care, I would not find RBP negligent because, as discussed below, 090 has failed to prove that it sustained damage. For the same reason, RBP’s claim for breach of contract must also be dismissed.
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