What factors are considered in the assessment of 'industry standards'?

Ontario, Canada


The following excerpt is from R. v. Rassaun Steel & MFG. Co. Ltd., 2012 ONCJ 705 (CanLII):

To the first question, the transcript doesn't disclose evidence on this point nor does it contain testimony from anyone I believe could competently speak to 'industry standards'. I find instructive the court's comments in the unreported case of Her Majesty the Queen v. Southwestern Manufacturing Inc., where it notes the many factors that have been identified as important in assessing due diligence: 1. The nature and gravity of the adverse effect. 2. The foreseeabiity of the effect, including abnormal sensitivities. 3. The alternative solutions available. 4. Legislative or regulatory compliance. 5. Industry standards. 6. The character of the neighbourhood. 7. What efforts have been made to address the problem. 8. Over what period of time and promptness of response? 9. Matters beyond the control of the accused, including technological limitations. 10. The skill level expected of the accused. 11. The complexities involved. 12. Preventative systems. 13. Economic considerations. 14. Actions of officials.

Other Questions


What factors are considered by an Assessment Officer on an assessment of costs? (Ontario, Canada)
What factors must an Assessment Officer consider when assessing a solicitor's bill? (Ontario, Canada)
What factors will the court consider in assessing the credibility of a sexual assault complainant when assessing the timing of disclosure? (Ontario, Canada)
Are assessment companies considered to be the agent of the insurer's assessment company? (Ontario, Canada)
When a judge has made an error in principle by failing to consider the relevant elements of a legal test or standard, or has erred in the application or standard? (Ontario, Canada)
What is the impact of industry standards on the standard of care of a plaintiff? (Ontario, Canada)
Is there any authority for the proposition that it is the standard of an ordinary, right-thinking member of society that is a reasonable standard of conduct for assessing the impact of an offensive statement? (Ontario, Canada)
What factors must be considered in the assessment of costs in a personal injury action? (Ontario, Canada)
What are the factors that the court must consider when assessing the best interests of the child in a custody matter? (Ontario, Canada)
What factors must be considered in assessing the serious harm to the child pursuant to s. 23 of the CLRA? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.