What is the test for drawing an inference of causation in a medical malpractice case?
Ontario, Canada
The following excerpt is from Akl v. Collins, 2013 ONSC 3292 (CanLII):
As well, the case of Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311, points out that: In many malpractice cases, the facts lie particularly within the knowledge of the defendant, and very little affirmative evidence on the part of the plaintiff will justify the drawing of an inference of causation in the absence of evidence to the contrary.
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