What is the test for determining whether a plaintiff has been diagnosed with a brain injury?
Ontario, Canada
The following excerpt is from Aristorenas v. Comcare Health Services, 2004 CanLII 22088 (ON SC):
It is not in every case that experts will be prepared to offer a scientific opinion on causation. That may be so because science has not reached the stage where anything definitive can be said about the disease that has resulted. In such cases, the absence of such scientific opinion does not necessarily mean that the plaintiff cannot succeed. Where science cannot assist, then a “robust and pragmatic approach” adopted by Justice Sopinka in Snell v. Farrell, supra, may be appropriate.
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