The Whey v. Halifax (supra) decision also addressed, in general terms, the standard of care established by law (at paragraph 6). The standard is an objective standard, that is, the test of what the fictional reasonable person would say. Conduct is negligent if it creates an unreasonable risk of harm. This involves a balancing of the danger created by the conduct with the utility of the conduct. This risk assessment balances the (i) likelihood and (ii) severity of potential harm against the (iii) object of the activity and the (iv) cost or burden to eliminate the risk.
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