Is it necessary for a medical report to be provided to support a plaintiff’s theory of causation?
Ontario, Canada
The following excerpt is from Lozowy v. Trillium Health Centre, 2007 CanLII 11321 (ON SC):
The plaintiff points to the case of Snell v. Farrell 1990 CanLII 70 (SCC), [1990] 72 D.L.R (4th) 289 (S.C.C.) for the proposition that it is not essential for a medical report be provided to support the plaintiff’s theory of causation and that an inference of causation may be drawn without one. This would appear to apply only in the clearest of cases. Ultimately, though, the burden of proving causation still remains with the plaintiff.
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