University Hospital Board v. Lepine

University Hospital Board v. Lepine

The fatal leap was an impulsive act that a reasonable person would not have foreseen; appellants were not required to use extraordinary precautions (restraint or mandatory ground-level placement) and therefore did not breach a legal duty that caused the injury; appeal allowed and actions dismissed.

Citation
[1966] SCR 561
Parties
Defendant/appellant: University Hospital Board; Defendant/appellant: George Monckton; Plaintiff/respondent: Gerald Lepine
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 June 1966
Procedural Posture
Tort (personal Injury) Appeal / Supreme Court of Canada on Appeal From Supreme Court of Alberta, Appellate Division
Outcome
Appeal allowed; actions dismissed with costs
Legal Topics
Negligence, Foreseeability, Duty of Care, Hospital Liability, Medical Negligence, Automatism
Source Language
English
Torts Negligence Foreseeability Duty of Care Hospital Liability Medical Negligence Automatism

Case Brief

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Parties

University Hospital Board

Defendant/appellant

George Monckton

Defendant/appellant

Gerald Lepine

Plaintiff/respondent

Procedural Posture

Tort (personal Injury) Appeal / Supreme Court of Canada on Appeal From Supreme Court of Alberta, Appellate Division

Legal Issues

  1. 1 Whether defendants breached duty of care to patient with post-epileptic automatism
  2. 2 Whether harm was reasonably foreseeable and therefore preventable by reasonable precautions
  3. 3 Causation: nexus between alleged negligence (lack of supervision/placement) and injury

Ratio Decidendi

The fatal leap was an impulsive act that a reasonable person would not have foreseen; appellants were not required to use extraordinary precautions (restraint or mandatory ground-level placement) and therefore did not breach a legal duty that caused the injury; appeal allowed and actions dismissed.

Court Disposition

Appeal allowed; actions dismissed with costs

Orders

  • Appeal allowed
  • Actions dismissed