What factors are considered to be determinative in determining whether a medical malpractice case is successful or unsuccessful?

Alberta, Canada

The following excerpt is from Calgary (City) v. Alberta (Municipal Government Board), 2007 ABQB 47 (CanLII):

None of these four factors is determinative. In weighing or balancing the four factors, which may overlap, “[t]he overall aim is to discern legislative intent”: Dr. Q v. College of Physicians and Surgeons of British Columbia, [2003] 1 S.C.R. 226 at para. 26, 2003 SCC 19.

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