Chapter 16 - Due Diligence

16.1 Principle of Due Diligence

Due diligence is a defence which may be raised when someone is accused of doing something negligently or, in respect of aviation matters, if someone is accused of having contravened either a provision of the Aeronautics Act or a provision of the regulations.

Aeronautics Act - s.8.5 No person shall be found to have contravened a provision of this Part or of any regulation or order made under this Part if the person exercised all due diligence to prevent the contravention.

The dictionary definition of due diligence (Black's Law Dictionary) is as follows:

Such a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent man under the particular circumstances; not measured by any absolute standard, but depending on the relative facts of the special case.

Whether or not a person has exercised an appropriate level of care so as to be able to successfully raise the due diligence defence will always be a matter of fact and will depend on the circumstances of the situation.

Date modified: