How have courts considered customary practices in the context of a negligence action?
Alberta, Canada
The following excerpt is from Joyce v. Canadian Pacific Hotels Corporation, 1994 CanLII 9088 (AB QB):
In Waldick v. Malcolm Iacobucci J. comments on customary practices, indicating that where an alleged custom is raised, the party who relies on the custom bears the onus of proving that the custom is in effect. He goes on to indicate that proof of a custom is not necessarily decisive against a determination of negligence. "[N]o amount of general community compliance will render negligent conduct 'reasonable … in all the circumstances' " [p. 473]. He concludes that "… the existence of customary practices which are unreasonable in themselves, or which are not otherwise acceptable to courts, in no way ousts the duty of care owed by occupiers …" [p. 474].
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