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Medical negligence action dismissed as plaintiff failed to prove birth control pill caused her stroke.
The plaintiff brought a medical negligence action against her family physician, alleging he failed to obtain informed consent regarding the increased relative risks of blood clots associated with the birth control pill Yaz.
The plaintiff suffered a stroke shortly after taking sample packs of Yaz provided by the physician.
The court dismissed the action, finding that the physician met the standard of care for disclosure and that the plaintiff would have taken the medication even if fully informed of the statistical risks.
Furthermore, the court held that the plaintiff failed to prove factual causation, as medical evidence indicated her stroke was cryptogenic and not caused by the medication.
Substantially successful moving party received reduced partial indemnity costs.
This was a standalone costs endorsement following a motion to impose a discovery plan and resolve disputes over relevance and proportionality of document production categories.
The moving party obtained the principal relief on the underlying motion and sought partial indemnity costs, while the responding party argued for no costs or a substantially reduced amount and also sought costs of an adjournment.
Applying the court's broad discretion under s. 131 of the Courts of Justice Act and Rules 57.01, 1.04(1.1), and 39.02(4)(b), the court found the moving party was substantially more successful but reduced its claim for divided success, unreasonable expense, and unnecessary travel-related cross-examination costs.
Costs were fixed at $30,500 inclusive of HST and disbursements, payable within 30 days.
