Canada Case Law

Reistad v. La Berge

Court

Supreme Court of British Columbia

On the evidence the plaintiff failed to prove on a balance of probabilities that either Dr. La Berge or IHA breached the applicable standard of care or that any such breach caused the plaintiff's bowel injury; the court accepted defendant expert evidence that Dr. La Berge met the standard of care and that IHA's MDR practices met the standard; informed consent was given or, objectively, the plaintiff would have proceeded in any event; claim dismissed.

Source excerpt

• Informed consent
• Standard of care
• Causation
• Medical device reprocessing
• Privileging
• Adverse inference

Read case analysis

Hemmings v. Peng

Court

Court of Appeal for Ontario

On appeal the Court of Appeal allowed the appeals of Dr. Padmore and The Scarborough Hospital because the trial judge's legal-causation analysis was legally flawed and the finding of direct hospital liability exceeded the issue posed by parties and lacked requisite analysis; accordingly judgments against Padmore and the Hospital were set aside and actions dismissed. The appeal of Dr. Jamensky was dismissed: the trial judge's findings that conversion to general anesthesia before exhausting reasonable alternatives and resulting anesthetic complications caused the cardiac arrest were supported b…

Source excerpt

• Standard of care
• Factual causation (but for)
• Legal causation (proximate foreseeability)
• Vicarious liability
• Direct hospital liability
• Spoliation and adverse inference

Read case analysis

Goodwin v. Olupona

Court

Court of Appeal for Ontario

The appeal is dismissed because the jury had sufficient evidence, including expert opinion accepted by the jury, to reasonably infer on a balance of probabilities that the nurse's and hospital's breaches of the standard of care (inadequate foetal monitoring, failure to arrange timely epidural/transfer and inadequate supervision/resources) contributed to the infant's brain injury; the trial judge correctly instructed the jury on causation and standards of care and any omissions were not prejudicial.

Source excerpt

• Causation
• Standard of care
• Jury charge
• Foetal monitoring
• Vicarious liability

Read case analysis

Smith v. MacRae

Court

Court of Appeal for Ontario

Appeal allowed because there was no evidence a pre-operative inquiry to Pharmacy prior to the operations would have revealed that higher concentrations of chlorhexidine were ototoxic; the appellant reasonably relied on Pharmacy information communicated by the charge nurse and therefore was not negligent; the trial judge's finding of negligence based on failure to inquire at the MAC meeting was unsupportable and barred by s.13(1).

Source excerpt

• Negligence
• Standard of care
• Contribution and indemnity
• Causation
• Statutory protection of hospital board members

Read case analysis

Forde v. Inland Health Authority

Court

Supreme Court of British Columbia

The court dismissed a medical negligence claim arising from delayed diagnosis of a spinal AV fistula, finding no breach of the standard of care and no causation.

• Duty of care
• Standard of care for specialists
• Causation (but for and material contribution)
• Damages (general and future care)
• Medical testing prioritization
• Radiology protocoling

Read case analysis

Marszalek et al v. Bishop et al

Court

Supreme Court of British Columbia

The court found the plaintiff had standing as a spouse and that some medical and nursing conduct fell below the standard of care, but dismissed the claim for lack of causation.

• Spousal standing under family compensation act
• Standard of care for physicians and nurses
• Causation and loss of chance
• Admissibility of hearsay (principled exception)
• Vicarious liability
• Medical-negligence

Read case analysis

Strachan v. Reynolds et al.

Court

Supreme Court of British Columbia

Medical negligence action over catastrophic birth injuries in a VBAC labour. The court found the GP and hospital nursing care fell below standard and caused the infant's brain injury.

• Standard of care
• Causation
• Vicarious liability
• Failure to consult specialist
• Informed consent/risks disclosure
• Assessment and monitoring

Read case analysis

McGlone v. Kelly

Court

Supreme Court of British Columbia

Le tribunal conclut à la responsabilité du Dr Kelly pour ne pas avoir suffisamment surveillé et interprété le monitoring fœtal; les autres défendeurs sont disculpés.

• Standard of care
• Causation
• Fetal monitoring
• Use of misoprostol
• Non-pecuniary damages
• In-trust claims

Read case analysis

C.L.C. v. Lions Gate Hospital

Court

Supreme Court of British Columbia

Hospital negligence claim dismissed after the court found the assault by another patient was not reasonably foreseeable and the standard of care was met.

• Foreseeability
• Duty of care
• Standard of care
• Causation
• Damages
• Sexual assault in healthcare setting

Read case analysis

Croutch v. B.C. Women's Hospital

Court

Supreme Court of British Columbia

Action for negligence arising from a birth injury dismissed; the court found no breach of standard of care by the hospital staff or the obstetrician.

• Vasa previa
• Standard of care
• Causation
• Expert evidence
• Hospital policy
• Damages assessment

Read case analysis