What is the test for reasonable doubt in a medical malpractice case?
Ontario, Canada
The following excerpt is from R. v. Malhi, 2014 ONCJ 682 (CanLII):
[12] In Regina v. Lifchus, 1997 CanLII 319 (SCC), [1997] 3 S.C.R. 320 (S.C.C.), Cory J. defined the term “reasonable doubt”, in part, as follows: … A reasonable doubt is not an imaginary or frivolous doubt. It must not be based upon sympathy or prejudice. Rather, it is based on reason and common sense. It is logically derived from the evidence or absence of evidence.
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