In a medical malpractice case, in what circumstances will the trier of fact make a legal determination of causation?
British Columbia, Canada
The following excerpt is from Dzugan v. Canpro Construction Ltd., 1997 CanLII 3748 (BC SC):
In making these findings of fact, I am following the directions of Sopinka J. in Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311 taken from the headnote at 313: It is the function of the trier of fact, not the medical witnesses, to make a legal determination of the question of causation.
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