What is the standard of care of an inspector in a medical malpractice case?
Alberta, Canada
The following excerpt is from Semeniuk v. Key Home Inspections Ltd., 2013 ABPC 254 (CanLII):
The standard of care in the particular circumstances is a question of fact. The external indicators of whether the inspector’s conduct was reasonable can include custom, industry practice, statutory or regulatory standards: Coleman v. Schade, 2012 CarswellOnt 2840 (Ont SCJ) at para 10. Where there is a dispute over how a reasonable professional would have conducted himself, then recourse should be made to expert evidence.
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