Dr. Hector

The grievor, a registered nurse at a maximum-security psychiatric facility, was suspended with pay pending an investigation into allegations of patient abuse.

He was ultimately cleared of the allegations but grieved the suspension, arguing the Employer breached its obligation to protect his health and safety under the collective agreement by failing to follow its own investigation policy, which caused him severe emotional distress and damage to his reputation.

The Grievance Settlement Board dismissed the grievance, finding that the Employer's decision to suspend the grievor was a reasonable and necessary step to protect vulnerable patients given the serious nature of the allegations, and that the Employer could not have foreseen the grievor's severe reaction.

The appellant psychiatrist appealed a jury finding of medical malpractice after she changed a patient's status from involuntary to voluntary under the Mental Health Act.

Seven weeks after his release, the patient murdered his sister.

The respondents, the victim's family, successfully sued the psychiatrist for negligence.

On appeal, the appellant argued the trial judge erred in instructing the jury on the honest and intelligent exercise of medical judgment, the reputable body of medical opinion doctrine, and causation.

The Court of Appeal dismissed the appeal, finding no reversible error in the jury instructions and concluding it was open to the jury to find that the murder would not have occurred but for the patient's release.