Appeal allowed; service member awarded damages for hospital negligence as injury not directly connected to military service.
The appellant, a service member, was disabled by the negligence of an employee of a military hospital.
The Supreme Court of Canada allowed the appeal, agreeing with the dissenting judge in the Federal Court of Appeal that the link between the damage and the appellant's status as a serviceman was too tenuous to be considered directly connected to his military service.
The Court directed the respondent to pay the appellant $120,975 in damages, plus interest and additional indemnity.
