What is the test for establishing an element of care or control in a medical malpractice case?

Alberta, Canada


The following excerpt is from R. v. Ingram, 2007 ABQB 631 (CanLII):

The element of care or control may be established either by reliance upon the presumption in s. 258 (1)(a) of the Criminal Code where it is applicable, or by showing actual care or control without reliance on the presumption. (R v. Toews, supra, at para 7).

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