Dr. Shah

The appellants appealed the dismissal of their medical malpractice action against an obstetrician following a catastrophic birth injury.

The infant suffered acute near-total oxygen deprivation prior to birth, resulting in severe permanent brain damage.

At trial, the judge dismissed the action, finding no breach of the standard of care and no causation.

On appeal, the Court of Appeal found the trial judge's reasons were legally inadequate regarding causation and one of the standard of care issues (the failure to complete the delivery with Kielland forceps).

The reasons failed to explain critical findings, preventing meaningful appellate review.

The appeal was allowed and a new trial ordered on all issues of liability and damages.

The offender, an Aboriginal man with fetal alcohol spectrum disorder and a lengthy criminal record, was sentenced for sexually assaulting an intoxicated and unconscious victim and breaching his probation.

The court weighed the profound violation of the victim's sexual integrity and the offender's breach of trust against his severe childhood trauma and intergenerational trauma.

The court imposed a total sentence of two years in prison, reduced to ten months after crediting 14 months for pre-sentence custody, with no further probation ordered.