What is the standard of care for professional negligence in Canada? — Where should courts draw the line on the acceptable margin for error? — May causation be used as circumstantial evidence to inform the standard of care determination? — Is it an error of law to use outcomes or goals as the standard of care? — Must a trier of fact consider and/or rule out other non negligent causes of injury? — Where is the burden of proof? — What must a trial judge do to avoid the “perilous” articulation of the standard of care? — In the circumstances of professional negligence, how far must a trial judge go to identify the steps to be taken by a prudent physician? — granted 05/28/2020 — Supreme Advocacy acted as agents for the Appellant.
Read the lower court decision from the ONCA here.