What is the impact of industry standards on the standard of care of a plaintiff?
Ontario, Canada
The following excerpt is from Empire Life Insurance Company v. Krystal Holdings Inc., 2008 CanLII 60328 (ON SC):
It is well established that industry standards are instructive but not determinative of the standard of care. It is a question of law: see ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674. A court should not blindly accept industry standards, but reasonable deference may be shown to them.
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