Is res ipsa loquitur still relevant?
British Columbia, Canada
The following excerpt is from Brimacombe v. Mathews, 1999 CanLII 6144 (BC SC):
In Canada the doctrine of res ipsa loquitur no longer applies in any event: Fontaine v. British Columbia (Official Administrator), 1998 CanLII 814 (SCC), [1998] 1 S.C.R. 424 (S.C.C.). Thus Lord Denning's remarks are but another way of saying the trier of fact must analyze the issues and determine the question of causation and whether negligence of the obstetrician can be held, on the balance of probabilities, to have occurred.
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