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The court dismissed Omar Lalani’s medical negligence claim against his childhood orthodontist, finding cervical headgear was standard practice in 1989 and no proven causal link to OSA.
The court held Driver liable in negligence and battery after a motorcycle collision during a psychotic episode, and found Owner vicariously liable under s. 86.
The court dismissed two related tort actions arising from a hospital incident, rejecting claims in defamation, battery, malicious prosecution, negligence, and privacy.
The court found Degife liable for battering Pacheco with a baseball bat, dismissed the claim against Wong, and reduced Pacheco’s damages for his own fault.
The court granted the defendants' motions in part: it ordered further and better particulars for specified paragraphs against the physician and the hospital where pleadings were bald or overly broad, denied particulars where the Statement of Claim provided sufficient context, held that affidavits are not mandatory for such motions in Nova Scotia, and awarded costs of $750 to each defendant payable in the cause.
Source excerpt
The British Columbia Supreme Court rejected a battery claim but found the surgeon negligent for an excessively long incision and dog ears after a hysterectomy.
The court held that the defendant’s active resistance to police removal from a pub constituted battery, making him liable for the officer’s soft tissue injuries.
The Supreme Court of Canada held that the patient validly consented to continue an angiogram after briefly withdrawing consent, and dismissed claims in battery and negligence.
Le Tribunal suprême du Canada confirme qu’un consentement médical est valable si le patient a reçu une divulgation suffisante des risques matériels et particuliers.
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