How has the Fraser Health decision been interpreted in other circumstances?
British Columbia, Canada
The following excerpt is from Ward v Cariboo Regional District, 2021 BCSC 1495 (CanLII):
The Fraser Health decision has largely been followed in British Columbia in other workers’ compensation decisions, but has been referred to in other settings. For example, in Yahey v. British Columbia, 2021 BCSC 1287 at pars. 678–682, Madam Justice Burke expanded its application to the question of causation in treaty litigation, finding that the presence or absence of evidence from an expert positing or refuting a causal link is not determinative of causation:
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