Can a plaintiff lead evidence to support the inference drawn by the jury in a medical malpractice case?

Ontario, Canada


The following excerpt is from Cheung v. Samra, 2018 ONSC 3480 (CanLII):

In Goodwin v. Olupona, 2013 ONCA 259 (CanLII), 305 O.A.C. 245, the court considered the issue of whether there was evidence to support the inference drawn by the jury. In doing so, the court noted that consideration must be given to the type of factual issue underlying causation and the kind of evidence the parties are able to bring forward. In certain cases, and in particular cases of professional negligence, there may be no evidence because of the actions or conduct of one of the defendants. Thus, in those circumstances, it would be unfair and impossible to require a plaintiff to lead such evidence. The instant case does not fall into this category.

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