Cojocaru v. British Columbia Women’s Hospital and Health Centre

Cojocaru v. British Columbia Women’s Hospital and Health Centre

Extensive copying from a party’s submissions in reasons does not automatically rebut the presumption of judicial integrity and impartiality; a judgment may be set aside on that basis only if a reasonable informed person would conclude the judge did not put his or her mind to the issues. Applying that standard, the Court refused to set aside the trial judge’s decision for copying but found palpable errors on causation and liability: liability of Dr. Yue for failing to obtain informed consent to VBAC was affirmed; findings of liability against Nurse Bellini, the Hospital, Dr. Steele and Dr. Edris were set aside for lack of causation; the trial judge’s damages assessment was upheld as...

Citation
2013 SCC 30
Parties
Appellant/respondent on Cross Appeal: Eric Victor Cojocaru (infant by Guardian Ad Litem Monica Cojocaru); Appellant/respondent on Cross Appeal: Monica Cojocaru; Respondent/appellant on Cross Appeal: British Columbia Women’s Hospital and Health Centre; Respondent/appellant on Cross Appeal: F. Bellini; Respondent: Dale R. Steele; Respondent: Jenise Yue; Respondent: Fawaz Edris
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 May 2013
Procedural Posture
Torts Medical Negligence / Appeal to the Supreme Court of Canada From the British Columbia Court of Appeal (final Appeal)
Outcome
Appeal and cross-appeal allowed in part; trial judgment varied: liability against Dr. Jenise Yue for failure to obtain informed consent to VBAC affirmed; findings of liability against Nurse Bellini, British Columbia Women’s Hospital and Health Centre, Dr. Dale R. Steele and Dr. Fawaz Edris set aside; damages against...
Legal Topics
Informed Consent, Causation, Liability, Judicial Reasons, Judicial Impartiality and Integrity, Copying in Judgments, Damages
Source Language
English
Torts Medical Negligence Health Law Civil Procedure Informed Consent Causation Liability Judicial Reasons +3 more

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Parties

Eric Victor Cojocaru (infant by Guardian Ad Litem Monica Cojocaru)

Appellant/respondent on Cross Appeal

Monica Cojocaru

Appellant/respondent on Cross Appeal

British Columbia Women’s Hospital and Health Centre

Respondent/appellant on Cross Appeal

F. Bellini

Respondent/appellant on Cross Appeal

Dale R. Steele

Respondent

Jenise Yue

Respondent

Fawaz Edris

Respondent

Procedural Posture

Torts Medical Negligence / Appeal to the Supreme Court of Canada From the British Columbia Court of Appeal (final Appeal)

Legal Issues

  1. 1 Whether a trial judge’s reasons should be set aside because they incorporate large portions of a party’s submissions
  2. 2 Whether the presumption of judicial integrity and impartiality is rebutted by extensive copying
  3. 3 Whether the trial judge made palpable and overriding errors of fact or errors of law on liability

Ratio Decidendi

Extensive copying from a party’s submissions in reasons does not automatically rebut the presumption of judicial integrity and impartiality; a judgment may be set aside on that basis only if a reasonable informed person would conclude the judge did not put his or her mind to the issues. Applying that standard, the Court refused to set aside the trial judge’s decision for copying but found palpable errors on causation and liability: liability of Dr. Yue for failing to obtain informed consent to VBAC was affirmed; findings of liability against Nurse Bellini, the Hospital, Dr. Steele and Dr. Edris were set aside for lack of causation; the trial judge’s damages assessment was upheld as...

Court Disposition

Appeal and cross-appeal allowed in part; trial judgment varied: liability against Dr. Jenise Yue for failure to obtain informed consent to VBAC affirmed; findings of liability against Nurse Bellini, British Columbia Women’s Hospital and Health Centre, Dr. Dale R. Steele and Dr. Fawaz Edris set aside; damages against...

Orders

  • Appeal and cross-appeal allowed in part
  • Trial judge’s finding of liability against Dr. Jenise Yue for failing to obtain informed consent to VBAC affirmed