In Toneguzzo-Norvell v. Burnaby Hospital, 1994 CanLII 106 (SCC),  1 S.C.R. 114 at 122, a malpractice case similar to the present case, McLachlin J. held that “the principle of non-intervention of a Court of Appeal in a trial judge’s findings of facts does not apply with the same force to inferences drawn from conflicting testimony of expert witnesses where the credibility of these witnesses is not in issue”. However, she went on to note that “[t]his does not…change the fact that the weight to be assigned to the various pieces of evidence is under our trial system essentially the province of the trier of fact, in this case the trial judge.”
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