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.”
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