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Record 1,  Textual support,  English

Record number: 1, Textual support number: 1 CONT

[The Negligence Act of Ontario] further stipulates that "If it is not practicable to determine the respective degree of fault or negligence as between any parties to an action, such parties shall be deemed to be equally at fault or negligent. "If the action is tried by a jury, it is for them to determine the degree of fault or negligence as a question of fact. If it is a trial by judge alone, "apportionment of fault is primarily and properly a matter within the discretion of the trial judge... "(and) "except in a strong and exceptional case, an appellate Court will not feel free to substitute its apportionment of fault for that made by the trial Judge, unless there has been palpable and demonstrable error in appreciation of the legal principles to be applied or misapprehension of the facts by the trial Judge. "  1, record 1, English, - apportionment%20of%20fault

Record 1,  Textual support,  French

Record 1,  Textual support,  Spanish

Record 2,  Textual support,  English

Record number: 2, Textual support number: 1 DEF

A standard for the determination of negligence. That degree of care that a man of ordinary prudence would exercise under the same or similar circumstances...  2, record 2, English, - ordinary%20care

Record 2,  Textual support,  French

Record number: 2, Textual support number: 1 OBS

diligence ordinaire : terme normalisé par le Comité de normalisation, Promotion de l'accès à la justice dans les deux langues officielles (PAJLO).  2, record 2, French, - diligence%20ordinaire

Record 2,  Textual support,  Spanish

Record 3,  Textual support,  English

Record number: 3, Textual support number: 1 CONT

In theory, the common law of torts adheres to a single standard of care and refuses to recognize different degrees of negligence .... But although unfamiliar with different degrees of negligence, we do acknowledge different degrees of care .... A reasonable man need not show the same anxious care when handling a pound of butter as he would a pound of dynamite.  2, record 3, English, - degree%20of%20negligence

Record 3,  Textual support,  French

Record number: 3, Textual support number: 1 OBS

degré de négligence : terme normalisé par le Comité de normalisation, Promotion de l'accès à la justice dans les deux langues officielles (PAJLO).  2, record 3, French, - degr%C3%A9%20de%20n%C3%A9gligence

Record 3,  Textual support,  Spanish

Record 4,  Textual support,  English

Record number: 4, Textual support number: 1 CONT

A certain latitude is allowed when "in the agony of the moment"(a person) seeks to extricate himself from an emergency not created from his own antecedent negligence. The degree of judgment and presence of mind expected of the plaintiff is what would have been reasonable conduct in such a situation, and he will not be adjudged guilty of negligence merely because, as it turns out, he unwittingly took the wrong course.  1, record 4, English, - reasonable%20conduct

Record 4,  Textual support,  French

Record 4,  Textual support,  Spanish