Cardin v. La Cité de Montréal et al.

Cardin v. La Cité de Montréal et al.

The physician was negligent in proceeding to inject a highly agitated child and failing to take the necessary precaution of fully immobilizing the arm; because the injury was not one that would normally occur, the burden shifted to the defendants to show an unforeseeable cause and they failed to do so; the City and...

Source-derived case information.

Citation
[1961] SCR 655
Parties
Plaintiff/appellant: Léon Cardin; Defendants/respondents: La Cité de Montréal et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1961
Procedural Posture
Civil Negligence (medical Malpractice) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal allowed; trial judgment restored.
Legal Topics
Standard of Care, Burden of Proof, Causation, Damages, Vicarious Liability
Source Language
english
Professional Law Medical Negligence Municipal Liability Tort Law Standard of Care Burden of Proof Causation Damages +1 more

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Parties

Léon Cardin

Plaintiff/appellant

La Cité de Montréal et al.

Defendants/respondents

Procedural Posture

Civil Negligence (medical Malpractice) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

  1. 1 Whether the doctor was negligent in vaccinating a visibly agitated child and failing to immobilize the arm
  2. 2 Whether the municipality is vicariously liable for the acts of its clinic physician
  3. 3 Whether the burden of proof shifts to the defendant to show an unforeseeable cause when the event would not normally occur

Ratio Decidendi

The physician was negligent in proceeding to inject a highly agitated child and failing to take the necessary precaution of fully immobilizing the arm; because the injury was not one that would normally occur, the burden shifted to the defendants to show an unforeseeable cause and they failed to do so; the City and physician are jointly and severally liable.

Court Disposition

Appeal allowed; trial judgment restored.

Orders

  • Appeal allowed and judgment of trial judge restored.
  • Defendants (La Cité de Montréal and Dr. Huard) held jointly and severally liable to pay plaintiff $3,000 plus costs before this Court and the Court of Queen's Bench.