In a medical negligence appeal, the central issue was whether a trier of fact must draw an adverse inference of causation when physicians’ fault made proof of causation more difficult and the plaintiff adduced some affirmative causation evidence.
The majority held that under Quebec civil law, any such inference is a permissive presumption of fact under art. 2849 C.C.Q., not a mandatory rule, and the burden of proving causation on a balance of probabilities remains with the plaintiff.
The Court further held appellate intervention required deference to factual findings absent palpable and overriding error, and restored the trial judgment that causation was not proven.
The appeal was allowed, with a dissent that would have upheld appellate intervention on factual-error grounds.
