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.
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