David Stockwood

The appellants appealed the dismissal of their medical malpractice action arising from the birth of a child who suffered severe brain damage due to oxygen deprivation during a breech delivery.

The appellants argued the trial judge erred by failing to make an explicit finding on causation, misapprehending expert evidence regarding fetal monitoring, and failing to apply the 'Breech Plus Rule' for the standard of care.

The Court of Appeal dismissed the appeal, holding that the failure to explicitly determine causation did not affect the trial judge's conclusion that the obstetrician met the standard of care.

The court found the trial judge's factual findings regarding the obstetrician's decisions and the rejection of an absolute rule for breech deliveries were reasonable and supported by the evidence.

Ontario Hydro brought a motion to quash Denison Mines Ltd.'s appeal from an order dismissing its application for leave to appeal an arbitration award.

Ontario Hydro argued the order was interlocutory and thus not appealable to the Court of Appeal.

The Court of Appeal dismissed the motion to quash, finding that the appeal fell within an exception to the general rule against appealing leave decisions because the application judge allegedly declined jurisdiction.

Furthermore, the Court held that an order refusing leave to appeal under section 45 of the Arbitration Act, 1991 is a final order, not an interlocutory one, regardless of whether it was brought by application or motion.

The appellant general contractor appealed the trial judge's assessment of damages for construction deficiencies and delays in building a commercial office building.

The trial judge awarded $1.7 million for diminution in value due to floor slab deficiencies and $770,000 for lost rental income from prospective tenants due to a five-month construction delay.

The Court of Appeal upheld the $1.7 million award, finding the owner did not fail to mitigate its damages.

However, the Court allowed the appeal regarding the delay damages for prospective tenants, finding the $770,000 assessment was not supported by the evidence, and reduced that portion of the award to $65,000.