How has malice been established in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Cimolai v. Hall et al., 2005 BCSC 31 (CanLII):
Malice includes not only a dominant motive of actual or express malice, but also any indirect motive which conflicts with the sense of duty created by the occasion. It may also be established by showing that the defendant either knew that he or she was not telling the truth, or was reckless in that regard: Botiuk v. Toronto Free Press, 1995 CanLII 60 (SCC), [1995] 3 S.C.R. 3, 126 D.L.R. (4th) 609 at ¶79.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
How have courts treated medical malpractice cases in the context of malpractice? (British Columbia, Canada)
What is the standard of disclosure required by the Canadian Medical Association in medical malpractice cases? (British Columbia, Canada)
How have medical and/or legal opinions been interpreted in medical malpractice cases? (British Columbia, Canada)
What is the case law on non-pecuniary damages in medical malpractice cases? (British Columbia, Canada)
What is the legal basis for medical justification in medical malpractice cases? (British Columbia, Canada)
What is the standard of care of the medical staff in the context of medical malpractice cases? (British Columbia, Canada)
What is the disposition of a medical malpractice case at a medical review board? (British Columbia, Canada)
What is the case law on the validity of evidence in a medical malpractice case? (British Columbia, Canada)
What is the test for determining whether the evidence in a medical malpractice case supports the case? (British Columbia, Canada)
