Dr. Melvin

The appellant appealed the dismissal of his dental malpractice claim.

During a tooth extraction, the appellant exhibited signs of distress, prompting the respondent dentist to administer nitroglycerin under the belief the appellant was having a heart attack.

The appellant later suffered a bradycardic event at the hospital and claimed psychological injuries.

The Divisional Court upheld the trial judge's findings that the respondent met the standard of care in an emergency situation and that there was no factual causation between the administration of nitroglycerin and the subsequent hospital event.

The appeal was dismissed.

The applicant was involved in a motor vehicle accident and suffered a cardiac arrest twelve days later, resulting in severe anoxic brain damage.

He sought various accident benefits, arguing the accident caused increased stress that led to the heart attack.

The Tribunal dismissed the application, finding the applicant failed to meet the 'but for' causation test.

Relying on medical evidence of advanced pre-existing coronary artery disease and the lack of documented stress complaints immediately post-accident, the Tribunal concluded the accident was not a necessary cause of the cardiac arrest.

The applicant's physical injuries were deemed soft-tissue in nature and subject to the Minor Injury Guideline.