What is the "ordinary person" standard for determining whether a plaintiff acted in good faith and to the best of his own judgment?

British Columbia, Canada


The following excerpt is from McKee v. McCoy, 2001 BCSC 1652 (CanLII):

In my view, the test that must be applied is the ordinary person standard. This standard has deep roots in the law. In Vaughan v. Menlove, (1837) 3 Bing. (N.C.) 468, Tindal C.J. dealt with a submission that a man whose intelligence was less than average and whose conduct led to the occurrence of a fire, should be judged by the standard of acting in "good faith" and to "the best of his own judgment." Tindal C.J. rejected this argument and said at p. 475: Instead, therefore, of saying that the liability for negligence should be co-extensive with the judgment of each individual, which would be as variable as the length of the foot of each individual, we ought rather to adhere to the rule which requires in all cases a regard to caution such as a man of ordinary prudence would observe.

Other Questions


What is the test for determining whether a plaintiff acted unreasonably by not pursuing a recommended treatment? (British Columbia, Canada)
What is the standard of care required for a professional to be considered in determining whether a professional met the requisite standard for care? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
What is the standard of review applied by the Court of Appeal in determining the apportionment of fault between a plaintiff and plaintiff? (British Columbia, Canada)
What is the test for determining whether a person has been injured by another person? (British Columbia, Canada)
What is the test for determining whether a plaintiff can claim damages for personal injuries from a pre-existing condition? (British Columbia, Canada)
What is the current standard for determining if a motorist has acted accordance with the requisite standard? (British Columbia, Canada)
What is the test for determining whether a plaintiff should have to pay additional special costs in a personal injury action? (British Columbia, Canada)
What is the test for determining whether a plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.