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Adjudicator found there was an oral contractual assurance pre-operatively that the procedure would achieve a flat stomach but the written consent forms signed immediately prior to surgery unambiguously disclaimed any guarantees and thereby modified/negated the prior assurance; accordingly the contractual claim failed and the claim was dismissed.
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The court converted a civil action into a family proceeding and granted targeted anonymization and publication ban orders for Dr. F under the open court balancing test.
Appeal dismissed: the common law recognizes neurological criteria as a valid ground for legal death; the respondent physician was a private actor not performing a governmental function so the Charter could not impose duties on him; the record and absence of Attorney General participation prevented a proper s.1 justification analysis and thus precluded modifying the common law or granting the substantive Charter remedy sought on this moot record; leave to appeal costs denied.
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The court held that stored sperm was property, vested in the petitioner on intestacy, and could be released for her use despite the absence of written consent.
The appeal is dismissed because the appellants failed to adduce evidence connecting the surgeon's breaches (use of a graft contrary to the manufacturer's IFU and failure to disclose) to the patient's death; material contribution was inapplicable absent proof that but-for causation was truly impossible and the robust/pragmatic approach does not relieve the plaintiffs of producing evidence (e.g. manufacturer or pathologist) necessary to establish causation.
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The Supreme Court of Canada held that withdrawal of life support in this case was âtreatmentâ under Ontarioâs HCCA, so substitute decision-maker consent was required.
Judicial review of a veterans pension entitlement decision was dismissed. The Court found the Appeal Panelâs reasons and inference of predisposition to psoriasis were reasonable.
Physicians' file materials that record factual observations made contemporaneously and under a duty to record are admissible as business records and as prima facie proof of the facts stated; however opinions and diagnoses contained in clinical records are not admissible for their truth and require the authors to be available for crossâexamination; financial inability alone does not displace the necessity of viva voce evidence; videoâconferencing may be permitted in the court's discretion as an alternative method of giving testimony.
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The court held that a severed Rule 18A application was appropriate and found the evidence did not prove trauma can trigger or exacerbate MS on a balance of probabilities.
La Cour dâappel de la Colombie-Britannique rejette une exigence gĂ©nĂ©rale de divulguer lâopinion du mĂ©decin examinateur dans les ordonnances dâexamen mĂ©dical indĂ©pendant.
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