SCC Tag Archives

Armstrong v. Ward, 2021 SCC 1

Written by Jan Marin / Summaries / February 05, 2021

In this case, the Plaintiff appealed the majority decision of the Ontario Court of Appeal and was granted leave in May 2020. The case was argued before the Supreme Court of Canada (SCC) on January 18, 2021. The SCC released their decision from the bench on the day of argument, siding with the plaintiff and adopting the dissenting reasons of Justice van Rensburg.

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Benhaim v. St-Germain, 2016 SCC 48

Written by Rikin Morzaria / Summaries / November 18, 2016

In a 5-4 decision, the Supreme Court of Canada held that a trial judge is not required by law to draw an adverse inference against physicians whose negligence makes it impossible to prove causation and where the plaintiff adduces at least some evidence of causation. Trial judges are permitted to draw such inferences, but are not required to do so.

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