What is the burden of proving negligence against a common carrier?
Ontario, Canada
The following excerpt is from Rogers v. Testa, 2011 ONSC 4060 (CanLII):
In Day v. Toronto Transportation Commission, 1940 CanLII 7 (SCC), [1940] S.C.R. 433, at p.441, Hudson J. allocated the burden of proof to a common carrier to disprove negligence: Although the carrier of passengers is not an insurer, yet if an accident occurs and the passenger is injured, there is a heavy burden on the defendant carrier to establish that he had used all due, proper and reasonable care and skill to avoid or prevent injury to the passenger. The care required is of a very high degree.
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