In the second pilot episode graduate of of Schulich School of Law and newly-hired attorney at Wagners Law Firm, Nick Hooper unpacks the philosophical problems with the but-for test. We discuss issues of causation in medical malpractice, the way the but-for test invites the creation of ‘judicial fiction’, and how this can reinforce access to justice and class issues.
See Nick’s article here: commentary.canlii.org/w/canlii/2017C…qTAAjaKWxxq1IA
See Nick’s profile with Wagners here: www.wagners.co/our-lawyers/nick-hooper/