What is the test for determining whether the evidence in a medical malpractice case supports the case?
British Columbia, Canada
The following excerpt is from Stone v Milev, 2022 BCSC 319 (CanLII):
As explained in Bradshaw v. Stenner, 2010 BCSC 1398, at para. 186, aff’d 2012 BCCA 296, the principal question is whether the evidence aligns with the probabilities affecting the case as a whole and as shown to exist:
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