What is the "robust and pragmatic approach" to fact finding in relation to causation for a rare disease?

Ontario, Canada


The following excerpt is from Aristorenas v. Comcare Health Services, 2004 CanLII 22088 (ON SC):

This would seem to be an appropriate case for the “robust and pragmatic approach” to fact finding in relation to causation permitted by Snell v. Farrell, supra. This rare disease can be a complication of an infected wound. It is a matter of common sense that the negligence or delay on the part of the defendants allowed the wound to reach a complicated state and lead to rapid unpredictable consequences. There is absolutely no evidence to suggest that the plaintiff would have otherwise developed this serious complication but for the negligent diagnosis and treatment by the defendants. Therefore, as a matter of common sense, I conclude that the plaintiff has established, on a balance of probabilities, that the defendants’ negligence materially contributed to the injury.

Other Questions


What is the "robust and pragmatic" approach to determining causation in a motor vehicle accident? (Ontario, Canada)
When will the court make a finding of fact or finding of not finding fact in a personal injury case? (Ontario, Canada)
Is the robust and pragmatic approach used in medical malpractice cases? (Ontario, Canada)
Is a positive medical opinion as to causation essential to a finding of causation? (Ontario, Canada)
Can a personal action in defamation relating to union activities outside the field of labour relations be brought? (Ontario, Canada)
What is the standard of review relating to findings of fact? (Ontario, Canada)
What is the application judge’s approach to an application for a declaration in relation to an agreement of purchase and sale? (Ontario, Canada)
Does a finding of fact made on an interlocutory finding in a separate judicial proceeding engage in issue estoppel in a subsequent proceeding? (Ontario, Canada)
What is the legal test for overturning a finding of fact or finding of law? (Ontario, Canada)
What is the test for a flexible approach to causation in medical negligence cases? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.