The appellants appealed a certification order for a class action arising from an infection control lapse at an endoscopy clinic.
The plaintiff sought compensation for the enhanced risk of infection and the psychological trauma of receiving a public health notification, despite testing negative for any blood-borne diseases.
The Divisional Court allowed the appeal and set aside the certification order, finding that a claim for damages based solely on an increased risk of harm, without actual injury, is not a legally viable cause of action.
