Toronto General Hospital v. Matthews et al.

Toronto General Hospital v. Matthews et al.

The hospital was vicariously liable because the assisting anaesthetist was a hospital employee supplied as part of the hospital's undertaking to provide an operating theatre, equipment and qualified assistance; applying the Fleming master‑servant test to the facts, the negligent act occurred while the anaesthetist was acting within the scope of his employment by the hospital.

Citation
[1972] SCR 435
Parties
Defendant Appellant: The Trustees of the Toronto General Hospital; Defendant Respondent: Dr. R.L. Matthews; Plaintiffs Respondents: Elizabeth Aynsley and Stuart James Aynsley
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 October 1971
Procedural Posture
Tort Negligence (medical) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Vicarious Liability, Scope of Employment, Master and Servant Test, Hospital Liability for Staff Negligence
Source Language
English
Torts Medical Negligence Vicarious Liability Hospital Law Scope of Employment Master and Servant Test Hospital Liability for Staff Negligence

Case Brief

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Parties

The Trustees of the Toronto General Hospital

Defendant Appellant

Dr. R.L. Matthews

Defendant Respondent

Elizabeth Aynsley and Stuart James Aynsley

Plaintiffs Respondents

Procedural Posture

Tort Negligence (medical) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the hospital is vicariously liable for negligence of a senior resident anaesthetist assisting a consulting anaesthetist
  2. 2 Whether the resident was an employee (or agent) of the hospital or acting under the sole direction and control of the consulting surgeon/anaesthetist at the time of the negligent act
  3. 3 Whether principles applied to nurses in Fleming apply to physicians in the operating theatre

Ratio Decidendi

The hospital was vicariously liable because the assisting anaesthetist was a hospital employee supplied as part of the hospital's undertaking to provide an operating theatre, equipment and qualified assistance; applying the Fleming master‑servant test to the facts, the negligent act occurred while the anaesthetist was acting within the scope of his employment by the hospital.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for Ontario upholding trial judgment affirmed