Can a court find a real estate agent liable in negligence for failing to provide evidence of customary practice?
Ontario, Canada
The following excerpt is from Blais v. Cook, 2005 CanLII 22210 (ON SC):
Courts have been prepared to find a standard has been breached without evidence of the prevailing community standard. In Wemyss v. Moldenhauser, [2003] CarswellOnt 38, another case dealing with whether a real estate agent was negligent, there is no indication of the court receiving the evidence of another agent as to the customary practice before Molloy J. found the agent liable in negligence.
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