CanadaWho determines the standard of care when deciding if someone was negligent?
The standard of care in negligence is determined by what a reasonable person would do in the same circumstances — a legal test applied by judges and juries, not by the parties themselves.
What the Law Says
Canadian negligence law does not define the standard of care in a single statute. Instead, it is a common law principle developed through court decisions and applied consistently across provinces.
The standard of care asks: What would a reasonably prudent person have done in the same situation? It is objective — meaning it does not depend on the defendant’s age, experience, or personal limitations (except in limited cases like children or professionals).
Courts assess this standard based on foreseeability, likelihood of harm, seriousness of potential injury, and the burden of taking precautions — often referencing the 'Hand formula' (though not codified in Canadian statutes).
No federal or provincial statute defines the standard of care in general negligence. It is rooted in judge-made law and applied under provincial rules of civil procedure and tort legislation.
What Courts Have Said
The Supreme Court of Canada has confirmed that the standard of care remains grounded in objective reasonableness — even in specialized contexts like maritime law.
The Court held that the maritime law standard of care in negligence is not distinct from the common law standard — both require an objective assessment of what a reasonable person would do, and courts must apply consistent principles when apportioning liability.
What to Do
Identify the relevant circumstances (e.g., activity, environment, relationship between parties).
Consider what a reasonable person with similar training or role would have done.
Gather evidence showing industry standards, regulations, or prior similar incidents.
Remember: your personal skill level or intentions are generally irrelevant — the test is objective.
Consult a lawyer early if liability or compensation is at stake.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.