What is the standard of care used to determine negligent conduct?

Ontario, Canada


The following excerpt is from Appleyard v. Earl (Earl’s Heating), 2009 CanLII 45307 (ON SC):

The standard of care to determine whether conduct is negligent or not was discussed in Ryan v. Victoria (City) 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201. At para. 28, Major J. stated: To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable and prudent person in the same circumstances. The measure of what is reasonable depends on the facts of each case, including the likelihood a of known or foreseeable harm, the gravity of that harm, and the burden or cost which would be incurred to prevent the injury. In addition, one may look to external indicators of reasonable conduct, such as custom, industry practice, and statutory or regulatory standards.

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