What is the test for determining whether there is causation in a medical malpractice case?
Ontario, Canada
The following excerpt is from Beldycki Estate v. Jaipargas, 2012 ONCA 537 (CanLII):
Causation need not be determined with scientific precision, rather it is essentially a practical question of fact best answered by ordinary common sense. Medical experts ordinarily determine causation in terms of certainties. The law demands a lesser standard: Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311, at paras. 29, 30 and 34.
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