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

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Head v. 859530 Ontario Inc.

Court

Court of Appeal for Ontario

Ontario Court of Appeal upheld certification of causation and punitive damages in a COVID-19 class action against a long-term care home and denied leave on costs.

• Certification
• Causation
• Punitive damages
• Costs
• Infection prevention and control
• Covid-19 outbreaks

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Krytskyy v. Canil

Court

Supreme Court of British Columbia

The appeal is allowed and the NOCC is renewed and may be served on Dr. Abdalvand (and alternatively he is added as a defendant) because the delay was attributable to the plaintiff's lawyers, Dr. Abdalvand is a necessary party, no actual prejudice from the delay was identified beyond the presumption, renewal or joinder best serves the interests of justice, and the addition will not materially delay proceedings.

Source excerpt

• Renewal of notice of civil claim
• Service of process
• Limitation periods
• Adding a defendant
• Prejudice from delay
• Discretionary relief

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Chamberlain v. Matanaj

Court

Supreme Court of British Columbia

The limitation defence was dismissed because the court found the plaintiff did not have actual or constructive knowledge of the distinct negligent acts and their more serious consequences that underpin the present claim before September 7, 2021; expert reports produced after that date disclosed materially new allegations and the defendant's contemporaneous assurances supported a reasonable expectation of improvement, so the claim was discovered only after Sept 7, 2021.

Source excerpt

• Limitation act s.6
• Limitation act s.8(d)
• Discovery of claim
• Summary disposition

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Knull v. East Kootenay Regional Hospital

Court

Supreme Court of British Columbia

The application is dismissed because it is not manifestly clear there is no genuine issue for trial: material factual disputes remain on limitation and standard of care, necessary expert evidence and certified records are absent, and further discovery and disclosure may yield material evidence, so summary judgment is inappropriate.

Source excerpt

• Negligence
• Informed consent
• Summary judgment
• Limitation period
• Admissibility of medical records
• Vicarious liability

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Gumbley v. Vasiliou

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed a medical negligence appeal, upholding findings that Dr. Vasiliou’s delays in intubation and escalation caused Ms. Gumbley’s brain injury.

• Causation
• Hearsay
• Business records exception
• Expert evidence
• Adverse inference
• Standard of care

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Laine v. Rihai

Court

Supreme Court of British Columbia

The court extended time to challenge a jury notice but dismissed a motion to strike it in a complex dental-negligence case with extensive medical evidence.

• Strike jury notice
• Extension of time
• Causation
• Expert evidence
• Jury vs judge-alone trial
• Volume of medical records

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Morrison v. Northern Health

Court

Supreme Court of British Columbia

The court dismissed strike applications in a medical negligence action, holding discrimination allegations could remain as part of the factual matrix, while dismissing Ronald Luft’s personal injury claim.

• Negligence
• Pleadings
• Striking pleadings
• Jurisdictional exclusivity
• Discrimination
• Medical-negligence

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Lalani v. Lear

Court

Supreme Court of British Columbia

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.

• Orthodontic treatment
• Cervical headgear
• Obstructive sleep apnea (osa)
• Standard of care
• Expert evidence
• Informed consent

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Mace v. Mitra

Court

Supreme Court of British Columbia

A British Columbia Supreme Court judge dismissed a medical negligence claim after finding on summary trial that the catheter suture had been cut before removal.

• Causation
• Summary trial
• Burden of proof
• Credibility of affidavit evidence
• Contemporaneous clinical records
• Medical-negligence

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