What is the test for appeal against a finding of misapprehension in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Karran v. Anderson, 2008 BCCA 429 (CanLII):
As the misapprehension is on a matter that goes to the heart of the reasoning on the breach of the duty of care, it fits within the criteria described in Housen v. Nikolaesin, and the appeal, in my view, must succeed and the order made set aside.
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