The appellants appealed a trial judgment dismissing their action for damages arising from a severe neural tube defect allegedly caused by exposure to TCE.
The Court of Appeal upheld the trial judge's rejection of the appellants' expert theory of causation, finding no palpable and overriding error.
The court confirmed that the exceptional material contribution test for causation from Resurfice Corp. v. Hanke did not apply, as the evidence established no association between TCE and the defect.
The appeal was dismissed with costs.
