Law360 Canada ( June 6, 2025, 1:06 PM EDT) -- Appeal by appellant against an order regarding a medical malpractice claim. The case involved an appeal by the appellant, representing the Estate of Tripp, against Dr. Ross. The appellant challenged a previous trial decision related to a medical malpractice claim. Dr. Ross admitted to negligence in performing a colonoscopy on Tripp, which delayed the diagnosis of Tripp’s colon cancer by eight months. The primary issues at trial were whether Dr. Ross’s negligence caused Tripp’s death and the calculation of damages. The trial judge found that Dr. Ross’s negligence did not cause Tripp’s death, although it did result in pain and suffering, for which $75,000 in damages was awarded. The trial judge concluded that the cancer had likely metastasized to the liver by 2018, meaning an earlier diagnosis would not have changed the outcome. The appellant argued that the trial judge erred in her causation analysis and should have drawn an adverse inference against Dr. Ross due to the negligence affecting the ability to prove causation....