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Litigation

How do Ontario courts decide what standard of care a professional owed me?

TSL Written by the Treadstone Law team· Updated August 2026

Ontario courts measure a professional against what a reasonably competent member of that same profession would have done in the same circumstances, using the knowledge and practice standards that existed at the time - not with hindsight, and not against an ideal or perfect practitioner. A professional isn't negligent just because a different, equally competent professional might have made a different judgment call, or because the outcome turned out badly. The question is whether the choice made was one a reasonably skilled member of the profession could reasonably have made.

Because this standard depends on specialized knowledge courts don't have on their own, expert evidence from someone in the same field is almost always required to establish what accepted practice actually was and how the professional's conduct compared to it. Courts also look at things like professional guidelines, common industry practice, and any applicable regulatory standards, though following common practice isn't an automatic defence if the practice itself was unreasonably risky. Different professions and specializations can have meaningfully different standards, so a general practitioner and a specialist, for example, are not judged against the same benchmark.

Key takeaways

  • The test is what a reasonably competent member of the same profession would have done at the time, not a perfect outcome.
  • A defensible judgment call generally isn't negligence, even if it turns out badly in hindsight.
  • Expert evidence from within the same profession is almost always needed to establish the applicable standard.
  • Specialists are held to a standard reflecting their specialized training, not a general practitioner's benchmark.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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