Paul McGivern was recently interviewed by Recovery – Personal Injury Magazine and was quoted extensively in the article “Workplace Cancer Standard of Proof Clarified.” The article discussed the June 2016 decision of the Supreme Court of Canada British Columbia (Worker’s Compensation Appeal Tribunal) v. Fraser Health Authority 2016 SCC 25 which reaffirmed the principle that definitive scientific evidence is not required to find a causal link between the workplace and medical illness or injury.
Contrasting the burden of proof in occupational disease cases and medical malpractice cases, Mr. McGivern noted that Workers Compensation board policies indicate that the workplace need only be of ‘causative significance’ or ‘more than a trivial or insignificant aspect’ in the development of the worker’s illness. He explained that this is a lower burden of proof than in a medical malpractice case where the plaintiff must demonstrate that the injury would not have taken place but for the defendant’s negligence.
