In Waldick v. Malcolm Iacobucci J. comments on customary practices, indicating that where an alleged custom is raised, the party who relies on the custom bears the onus of proving that the custom is in effect. He goes on to indicate that proof of a custom is not necessarily decisive against a determination of negligence. "[N]o amount of general community compliance will render negligent conduct 'reasonable … in all the circumstances' " [p. 473]. He concludes that "… the existence of customary practices which are unreasonable in themselves, or which are not otherwise acceptable to courts, in no way ousts the duty of care owed by occupiers …" [p. 474].
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.