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Simon Shields, LLB

ONTARIO LEGAL GUIDES
Since 2005

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Simon Shields,
LLB

Barrister and Solicitor
(Retired)
LSUC #37308N


simonshields@isp.com

Legal Writing and Research



Torts - Negligence - Standard of Care

Mabe Canada Inc. v. United Floor Ltd. (Ont CA, 2017)

In this case the Court of Appeal comments on the use of industry practice to inform the standard of care element of a the negligence tort:
[8] Third, although it is clear that conformity with standard practice in an industry does not necessarily insulate a defendant from a finding of negligence, as the Supreme Court explained in ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674, at p. 698, a practice will be judged negligent “only where the practice does not conform with basic care which is easily understood by the ordinary person who has no particular expertise in the practices of the profession” – only where it is “fraught with danger”.

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