Armstrong v Ward: The importance of presenting non-negligent avenues to injury at Trial

In Armstrong v Ward (2021 SCC 1), the Supreme Court of Canada overturned the Ontario Court of Appeal decision in a medical malpractice negligence case and adopted the dissenting OCA reasons, which found the defendant had breached the standard of care. This decision highlights the importance for defence in providing evidence to support a finding that an injury could result through non-negligent means as the absence of same could prove fatal to the defendant’s case.

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