What is the test for determining whether a claim can be proven in a personal injury action?
Saskatchewan, Canada
The following excerpt is from Stephen v. College of Physicians and Surgeons (Sask.), 1991 CanLII 7664 (SK QB):
A similar approach was put forward by Cartwright, J., in Smith v. Smith, 1952 CanLII 3 (SCC), [1952] 2 S.C.R. 312, at pp. 331-332: "... I wish, however, to emphasize that in every civil action before the tribunal can safely find the affirmative of an issue of fact required to be proved it must be reasonably satisfied, and that whether or not it will be so satisfied must depend on the totality of the circumstances on which its judgment is formed including the gravity of the consequences of the finding." (emphasis added)
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