What is the current state of the law on the use of female statistics for male plaintiffs?
British Columbia, Canada
The following excerpt is from McColl v. Sullivan, 2021 BCCA 181 (CanLII):
I would add that certain lower court decisions have regarded the use of female statistics for female plaintiffs as “not appropriate” as a general matter: Fancello v. Cupskey, 2019 BCSC 1724 at para. 233 and Orregaard v. Clapci, 2020 BCSC 1726 at para. 229. This may erroneously imply that female statistics may never be appropriate or of assistance to the court and/or that male statistics should be considered as a default position.
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