What is the current state of the law on negligent searches?

The only exception arises where the practice of the profession is totally unreasonable. An example may be the Quebec notaries' title searches in Dorion v. Roberge (1991) 1991 CanLII 83 (SCC), 78 D.L.R. (4th) 666 (S.C.C.). The Quebec notaries' searches ignored an undisputed principle of law, and so were internally inconsistent. But this case is very different. We heard no argument or evidence to suggest that the entire professional practice here (or half of it) is so unreasonable or illogical that the courts should brand it as negligent. To take an older example, whether surgeons should count sponges during an operation is a simple matter which lay people can understand, and counting sponges is cheap and has no bad effects.