What is the standard of care required by s. 3(1) of the Health and Social Care Act?
British Columbia, Canada
The following excerpt is from Dandell v. Thompson Rivers University, 2013 BCCA 490 (CanLII):
I do not consider the judge erred in law or indeed that any question of law arises. Under s. 3(1) of the Act, the trier of fact is required to determine whether the occupier of the subject premises discharged the duty imposed by exercising the care that, in all the circumstances, was reasonable to see that persons using the premises would be reasonably safe and not exposed to an unreasonable risk of injury. It is a jury question. On the instructive discussion of the majority in Housen v. Nikolaisen, 2002 SCC 33, the determination to be made is in my view a question of mixed fact and law – the application of a legal standard to findings of fact such that, barring an overriding and palpable error (which cannot be suggested here), an appellate court is not to interfere.
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