ARCHIVED VIDEO STREAM
This is the archived version of a program presented on June 18, 2013. 

In Clements v. Clements The Supreme Court of Canada clarified the law of causation in cases of negligence and addressed the applicability of  the “but for” and the “material contribution” tests.  This program will analyze the implications of the ruling on medical malpractice cases and outline the state of the current law.

• What is the role of medical and scientific evidence on the issue of causation?
• Is a “causation defence” still possible in medical malpractice actions?
• How has the burden on the plaintiff changed?
• Case law update: Review and analysis of recent decisions from the Ontario Court of Appeal