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.