A trial judge determining causation in a serious injury application must consider all the evidence, not merely the treating practitioners' clinical notes identified as 'primary evidence'. A surgeon's report recording a history and making clinical findings is just as much 'primary evidence' as GP practice notes. Where a trial judge decides causation on only part of the evidence, the decision will be set aside on appeal. Unchallenged evidence elicited in cross-examination should not be rejected without good reason.
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