What is the effect of perception in the context of a medical malpractice case?

Nova Scotia, Canada


The following excerpt is from Transcanada Pipelines Ltd. v. Nova Scotia (Attorney General), 2000 CanLII 2055 (NS SC):

He also dealt with the issue of perception and the decision in Martin v. Gray, He said at p. 222: The language of the majority reasons does not, in my view, preclude the court, in deciding whether to grant the extraordinary and drastic remedy sought in applications of this kind, from having regard to the reality rather than to appearances or perceptions.

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