Is there any reviewable error in a trial judge's causation analysis in a personal injury case?

Ontario, Canada


The following excerpt is from Calin v. Calin, 2021 ONCA 558 (CanLII):

I see no reviewable error in the trial judge’s causation analysis. Whether an inference of causation is warranted is within the trial judge’s discretion, to be determined with reference to all of the evidence: Benhaim v. St-Germain, 2016 SCC 48, [2016] 2 S.C.R. 352, at para. 52. Such an inference must be reasonably available on the evidence and involves a consideration of the factual issues underlying causation and the relative position of each party to adduce evidence: Ediger v. Johnston, 2013 SCC 18, [2013] 2 S.C.R. 98, at para. 36; Goodwin v. Olupona, 2013 ONCA 259, 305 O.A.C. 245, at paras. 44-46.

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