The plaintiff sued her physician for the costs of raising her daughter, who was born with congenital injuries caused by maternal chickenpox.
The plaintiff alleged that had the physician properly advised her of the risks, she would have terminated the pregnancy.
The trial judge dismissed the claim, finding that the plaintiff would not have aborted the pregnancy even if fully informed.
The Court of Appeal ordered a new trial, holding the trial judge applied the wrong test for causation.
The Supreme Court of Canada allowed the appeal and restored the trial judge's decision, affirming the modified objective test for causation in medical malpractice cases.
