Is a plaintiff required to prove causation in a medical malpractice case?
Ontario, Canada
The following excerpt is from Vescio v. Garfield, 2007 CanLII 24676 (ON SC):
In Snell v. Farrell (1990), 1990 CanLII 70 (SCC), 72 D.L.R. (4th) 289, Sopinka J. asked and answered the question of whether the plaintiff in a malpractice suit must prove causation in accordance with traditional principles or whether recent developments in the law justify a finding of liability on the basis of some less onerous standard.
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