What is the test for establishing cause of death for a plaintiff?
Ontario, Canada
The following excerpt is from Reid v. Galati, 2003 CanLII 18091 (ON SC):
In the oft quoted decision of Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311, at page 335, the court wrote: We agree with the trial judge that the onus is not met simply by demonstrating that there is a possibility of some causal connection.
The court in Roncato v. Caverly, supra, held that the evidence in that case disclosed at most a “tenuous nexus”, certainly not a “substantial nexus”, between the alleged negligence of the appellant in that case, and the person suffering the loss.
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