Causation: A Judicial Perspective with Madam Justice Darla Wilson and Richard Halpern

Gluckstein Lawyers' 4th Annual Risky Business Conference: Case Updates and Practical Tips took place using a hybrid model, on November 29, 2022, from 9:00 AM to 4:00 PM. Our Risky Business conference aims to educate lawyers, law clerks, health care practitioners, and others who wish to understand the nuanced aspects of medical negligence claims. The conference provides tips and guidance on meeting the challenges of medical malpractice litigation, ensuring clients get all they deserve.

Causation in tort law presents two significant challenges for lawyers, judges and litigants. The first relates to the test or, improbably, tests for causation. The second relates to the sufficiency of evidence required to meet the causal test or tests, what might be considered the “threshold of proof”. The treatment of causation in the leading tort cases has provided little meaningful guidance on this complex subject, allowing confusion to persist unabated. Justice Darla Wilson and Richard Halpern discuss possible solutions to some of the challenges regarding causation that remain perplexing.

This presentation contains 10 minutes of CPD Accredited Professionalism content.