Dr. Miller

The appellants, a nurse and her employer, appealed a trial judge's finding that they were 50 per cent liable in negligence on a crossclaim by a hospital.

The trial judge found that the nurse's delay in diagnosing and treating a patient's vasospasm exacerbated his brain injuries.

The appellants conceded the nurse fell below the standard of care but argued the trial judge's finding on causation was unreasonable.

The Court of Appeal dismissed the appeal, holding that the evidence, viewed as a whole, supported the trial judge's conclusion that the continuing negligence exacerbated the harm.

The Applicant was injured in two motor vehicle accidents in May 1994 and received other disability benefits for 104 weeks.

She applied for ongoing benefits beyond the 104-week mark, which requires a complete inability to carry on a normal life.

The Arbitrator found that while the Applicant's life had changed, she retained a number of abilities and was not continuously prevented from engaging in substantially all of her pre-accident activities.

The claim for ongoing benefits and a special award was dismissed.