With respect to “probably” or “probably not”, Mr. Komarnicki, the Committee could take inspiration from the way things work for compensation. For example, in order to prove gross negligence, there are police reports, expert reports and medical certificates. Quebec and Ontario both have sophisticated compensation regimes. From time to time, mistakes are made. However, subrogatory recourse is an option. Furthermore, sometimes you can live with these mistakes because they are few and far between.
So, I think you can take inspiration from the model used for compensation, in particular, since the concept of gross negligence comes from the law of compensation.