What is the test for establishing that a plaintiff would not have had an operation?
Alberta, Canada
The following excerpt is from Martin v. Capital Health Authority, 2007 ABQB 260 (CanLII):
I agree with the submission that it is not upon the Plaintiffs to prove anything more than that he would not have the operation at that particular time. To say that he must establish that he would never have the operation is in direct contradiction to Reibl v. Hughes.
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