Is res ipsa loquitur no longer the law in Canada?

British Columbia, Canada


The following excerpt is from Afonina v. Jansson, 2015 BCSC 10 (CanLII):

Fontaine v. British Columbia (Official Administrator), 1998 CanLII 814 (SCC), [1998] 1 S.C.R. 424 at para. 27, clearly establishes, as suggested by counsel for both the plaintiff and the defendant, that the doctrine of res ipsa loquitur, and its inference of negligence from the fact of the accident, is no longer the law in Canada. At para 27, Justice Major advises courts, triers of facts, that they should “weigh the circumstantial evidence with the direct evidence, if any, to determine whether the plaintiff has established on a balance of probabilities a prima facie case of negligence against the defendant.”

Other Questions


What is the current state of the law in Canada under s. 12 of the Canada-Canada Border Security Act? (British Columbia, Canada)
If a child of the marriage unilaterally terminated their relationship with the payor parent without good cause and there is evidence that the child is no longer a child, is this a factor in the finding that they no longer exist? (British Columbia, Canada)
In what circumstances will the Supreme Court of Canada strike down Greenpeace’s application for an interim injunction against the Attorney General of Canada? (British Columbia, Canada)
What is the test for disbursements of funds from the Bankruptcy and Insolvency Commission of Canada? (British Columbia, Canada)
What is the general practice of the courts in Canada not hearing a judicial review petition before a tribunal has rendered its final decision? (British Columbia, Canada)
Can a relator action be commenced against the Attorney General of Canada? (British Columbia, Canada)
Can a lawyer be found guilty of professional misconduct for failing to disclose that he no longer holds funds in trust for his clients? (British Columbia, Canada)
How is the court in Canada assessing credibility? (British Columbia, Canada)
What are the principles of spousal support in Canada? (British Columbia, Canada)
What public interest would be served by granting an order to allow an applicant to travel from Canada to the United States? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.