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Professional Expert Opinion Required to Determine Standard of Care

Ontario Real Estate Source

By Brian Madigan LL.B.

In liability situations involving professionals, it is necessary to determine the appropriate standard of care.

How do you figure that out?

Usually, in most situations an expert witness is called. That would be someone recognized to be an expert in the field by reason of their profession, knowledge or experience.

In certain situations, there may be exceptions where the standard of care can be interpreted by the Courts somewhat independently. In these cases, in the absence of expert testimony the Court will draw its own conclusions and determine the appropriate standard. In fact, in most of these situations, the true and correct standard is left unknown and unresolved, but the Court decides quite clearly that certain conduct or certain behaviour fell below the standard, and therefore they imposed liability.

Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com

 

 

 
This post has been included in Ontario Real Estate News

6 Comments on Professional Expert Opinion Required to Determine Standard of Care

JUN
12
2011
470,804 Points 24 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Hey Brian,

With the sheer number of transactions and the growing numer of court rulings it becomes easier and easier to establish the appropriate and required standards of care, the best way to stay out of trouble is personally set the bar much higher....;0)
1:03am • #1
805,327 Points 1 Featured Post Outside Blog Attended Rain Camp Called Shot Master

Hi Brian - Not following the appropriate professional standard of care can lead to significant E&O claims.
8:53am • #2
868,771 Points 5 Featured Posts

Increasingly, the Courts will impose a standard one way or the other,
9:07am • #3
JUN
13
2011
776,041 Points 16 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Brian, I completely agree with Peter & Linda...set the bar higher and all will be well served.
5:54pm • #4
868,771 Points 5 Featured Posts

I would agree as well, if the bar is set a little higher, that's better for everybody.

I'm glad to see that the Court took this position because I'm in the "expert witness" business.
8:45pm • #5
JUN
14
2011
548,545 Points 3 Featured Posts Outside Blog

My thoughts, Brian, seem parallel to Brian and Linda's... I try and set my personal bar far higher than the "standards"...
10:26am • #6


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Brian Madigan LL.B.

Toronto, ON

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RE/MAX West Realty Inc., Brokerage (Toronto)

Address: Toronto, Mississauga, Oakville, Brampton, Caledon, Thornhill, Greater Toronto Area, http://www.iSourceRealEstate.com

Office Phone: (416) 745-2300

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