Dr. Stewart

The applicant was injured in a rear-end motor vehicle accident and received weekly income benefits for three years.

He applied for ongoing benefits, claiming physical and psychological disability prevented him from working.

The arbitrator found that while the applicant suffered a herniated disc from the accident, he exaggerated his symptoms and his psychological condition was caused by pre-existing and psycho-social factors unrelated to the accident.

The arbitrator concluded the applicant retained the capacity and skills for suitable employment, such as a retail clerk or in construction trades, and dismissed the claim for ongoing benefits.

The appellant contracted HIV from an artificial insemination procedure performed by the respondent physician in 1985.

The appellant sued for negligence and breach of implied warranty.

The Supreme Court of Canada held that the physician could not be found negligent for failing to know of the risk of HIV transmission through AI at that time, as it was not standard medical knowledge.

The Court also held that a jury cannot find a standard medical practice negligent unless it is fraught with obvious risks.

Furthermore, the Court ruled that the Sale of Goods Act and common law implied warranties do not apply to contracts primarily for medical services involving biological materials like semen.

Finally, the Court affirmed that the rough upper limit on non-pecuniary damages applies and that trial judges should instruct juries on this limit when appropriate.