Dr. Nihad Hadi Ali-Ridha

The plaintiffs brought a medical malpractice action against a pathologist for failing to diagnose appendiceal cancer from an appendectomy specimen in 2011.

The patient was later diagnosed with stage IV cancer in 2015 and died in 2016.

The court found that the pathologist breached the standard of care, as the cancer was obvious and should have been identified.

The court also found that but for the delayed diagnosis, the patient would likely have been cured with standard treatment.

The court awarded pecuniary and non-pecuniary damages to the estate and family members.

The accused chased a stolen vehicle at high speeds and struck and killed a police officer who had stepped onto the highway to deploy a spike belt.

The accused was acquitted of criminal negligence causing death but convicted of the included offence of dangerous driving.

The Crown appealed the acquittal, arguing the defence closing address was unfair and the jury instructions on causation were misleading.

The accused appealed the conviction, arguing the trial judge improperly interrupted the defence closing and erred by instructing the jury to consider his driving throughout the entire chase rather than just at the point of impact.

The Court of Appeal dismissed both appeals, finding the trial judge's caution to the jury adequately addressed the defence closing, the causation instructions were proper, and the dangerous driving charge correctly encompassed the continuous transaction of the chase.