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Login to watch this video if you have a subscription. Learn more about subscriptions.What Inferences can be Used if There are Gaps in the Evidence: This session examines the evolving law of causation in civil litigation, with a particular focus on when and how courts permit inferences to bridge evidentiary gaps. Drawing on recent jurisprudence, Barb Legate will explore the threshold for drawing inferences, the role of common sense versus scientific evidence, and practical strategies counsel should use when arguing causation issues. In addition to the substantive law, the program will emphasize lawyers’ professional responsibilities in advancing causation arguments—ensuring competent advocacy, avoiding speculation, maintaining candour with the court, and managing client expectations when evidence is incomplete. Participants will learn how ethical advocacy and professional judgment shape outcomes as much as the underlying law. By the end of this session, participants will be able to: explain the legal framework for causation in civil litigation, identify circumstances where courts allow inferences to establish causation despite incomplete evidence, distinguish between permissible inferences and speculation, and apply this distinction to case strategy, develop litigation strategies for presenting or challenging causation arguments when the evidentiary record has gaps, apply ethical advocacy and professional obligations when advancing or resisting causation arguments, including candour to the court and competence in trial preparation.
The presentation “Case Comment: Lucuta v. Stevens, 2025 ONSC 1576” explores an Ontario Superior Court ruling that underscores the finality of settlements in medical malpractice cases. It addresses claims of duress and unconscionability, outlines the evidentiary threshold to set aside a consent dismissal, and stresses the value of clear communication, independent legal advice, and thorough documentation when dealing with self-represented litigants.
Barbara Legate is the founding partner of Legate Injury lawyers. Barbara has engraved her vision of excellence in personal injury litigation and service to clients onto the firm. For Barbara, every case is personal. With every client, she asks, "what would I expect if I was sitting in his chair? How can I help my client get back what she has lost, or protect the future of this family?" After over 35 years of practice, Barbara has earned a high level of respect for her thoroughness, legal acumen and results achieved for children, adults and families affected by injury caused by negligence. Barbara and her team won a critical decision for children suffering birth trauma in Liebig v. Guelph General Hospital and Ayanbadejo which confirmed the rights of children to sue for medical malpractice. For Barbara, representation of children injured by negligence at the outset of their lives is a passion.
Emily Woods is a Health Law Specialist and Partner at Lerners LLP. She has deep experience in health law, especially in regulatory and administrative matters, patient rights, and advocacy. Emily is known for her ability to clearly analyze complex legal issues and communicate them effectively. Her practice includes advising on privacy, consent, professional regulation, and tribunal matters. Outside of her case work, Emily regularly presents at legal education events and writes on cutting-edge health law topics
*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.
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*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.
