What is the test for a jury in a medical malpractice trial where there are conflicting evidence to resolve?
Alberta, Canada
The following excerpt is from R v Candaele, 2021 ABQB 332 (CanLII):
Like W(D), the foregoing is not intended to be an incantation that must be included in every trial where there is conflicting evidence to be resolved. Ultimately, the wording used is not critical so long as the trier is given sufficient information to understand the correct burden and standard of proof to apply: W(D) at para 30. See also R v. Kristensen, 2010 ABCA 37.
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