Does res ipsa loquitur apply?
Ontario, Canada
The following excerpt is from Miller v. Cobra Industries Ltd., 2000 CanLII 17003 (ON CA):
The appellants submit that: (1) the trial judge erred in applying res ipsa loquitur in view of the decision in Fontaine v. British Columbia, [1998] 1 S.C.R. 434; and (2) the trial judge erred in finding in fact that the fire was probably caused by pyrolysis due to the particular placement of the plywood bulkhead.
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