Court of Appeal

                           NOVA SCOTIA COURT OF APPEAL

Citation: March v.  Hyndman, 2010 NSCA 100

Date: 20101209

Docket: CA 326467

Registry: Halifax

Between:

Andrew March

Appellant

v.

John Hyndman

Respondent

Judge:                   The Honourable Justice David Farrar

Appeal Heard:      November 9, 2010

Subject:                 Medical Malpractice - Burden of Proof - Instructions to Jury on the meaning of “Balance of Probabilities”

Summary:             The appellant appeals from a jury verdict dismissing his action against the respondent.  The appellant argued that the trial judge erred in charging the jury on the burden of proof and, in particular, in instructing them that if they were left in a “state of doubt” the appellant had not satisfied the burden of proof.

Issues:                   Whether the trial judge erred in his charge to the jury on the burden of proof.

Result:                  Appeal allowed, the trial judge erred in his charge to the jury, the matter was remitted to the Supreme Court for retrial.