“Fairness and Justice in an Accident-Prone World”

From the recent decision in Sabiston v. Halifax Regional Centre for Education, 2026 NSSC 274:

[22]         The vagaries of life are such that people sometimes suffer misfortune without anyone being legally at fault.  Foreseeability is not a reflection of infallible hindsight.  The standard of care is not one of perfection. And the mere fact that an injury has been suffered does not, by itself, mean another person must pay damages.  These simple principles do not diminish the obligation to take reasonable care to ensure the safety of others.  They simply seek to achieve fairness and justice in an accident-prone world. 

As we have often said, a lawyer’s standard of care is not one of perfection. Lawyers make tactical decisions in the course of working a file all the time. Just because one does not work out does not mean they fell below the standard of care, thereby entitling someone to damages.