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Canada Case Law

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Administrative law 2020 BCSC 2073

Provincial Health Services Authority v. Campbell

The Supreme Court of British Columbia granted PHSA a stay of a Hospital Appeal Board decision pending judicial review, citing serious issues, irreparable harm, and balance of convenience.

  • Hospital privileges
  • Jurisdiction of administrative tribunal
  • Judicial review
  • Stay pending review
  • Allocation of patients
  • Judicial-review
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Torts [1972] SCR 435

Toronto General Hospital v. Matthews et al.

The Supreme Court of Canada held that Toronto General Hospital was vicariously liable for negligence by a senior resident anaesthetist assisting in surgery.

  • Vicarious liability
  • Scope of employment
  • Master and servant test
  • Hospital liability for staff negligence
  • Vicarious-liability
  • Hospital-liability
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Hospital law [1959] SCR 655

Henderson v. Johnston et al.

The Supreme Court of Canada upheld hospital bylaws regulating medical staff privileges and banning fee-splitting, finding both within the board’s management powers.

  • Ultra vires by-laws
  • Medical staff regulation
  • Fee-splitting
  • Privileges to attend patients in hospital
  • Statutory interpretation
  • Hospital-law
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Tort [1952] 2 SCR 36

Vancouver General Hospital v. Fraser

The Supreme Court of Canada held that Vancouver General Hospital could be liable for an interne’s negligent discharge of a patient, and upheld the jury’s causation finding.

  • Duty of care
  • Causation
  • Negligence
  • Standard of care
  • Liability for servants
  • Evidence and burden of proof
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.