What is the test for reasonable expectation in medical malpractice cases?
Canada (Federal), Canada
The following excerpt is from Gaelen Joe et. al. v. Correctional Service of Canada, 2012 OHSTC 25 (CanLII):
Citing Welbourne v. CPR[9], the respondent submitted that the concept of reasonable expectation excludes hypothetical or speculative situations; however, it argued that there must be a reasonable degree of certainty that the illness or injury is likely to occur upon the exposure to the hazard.
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