The appellant was severely injured in a car accident and treated by the respondent orthopaedic surgeon.
The respondent failed to diagnose a spinal fracture, leading to delayed immobilization, and the appellant was eventually diagnosed with paraparesis.
The trial judge found no fault and no causation.
The Court of Appeal found the respondent committed a fault by failing to conduct proper neurological tests and immobilize the patient, but upheld the trial judge's conclusion that the accident itself, not the medical fault, caused the paraparesis.
The Supreme Court of Canada dismissed the appeal, affirming the Court of Appeal's intervention on the standard of care and its factual findings on causation, and declined to apply a presumption of causation.
