James V. Leone

The Divisional Court dismissed the moving party's motion for leave to appeal a decision dated June 27, 2024.

Costs were awarded to the responding party in the amount of $5,000.00.

The appellant, a general surgeon, appealed a trial judgment finding him liable for medical negligence in the treatment of an 11-year-old patient who presented with abdominal pain.

The surgeon discharged the patient without ordering imaging or hospital admission, providing discharge instructions that the patient should only return if her condition worsened.

The patient's appendix subsequently ruptured, causing significant bowel damage.

The trial judge found the surgeon breached the standard of care in both his assessment and discharge instructions, and that causation was established.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's findings on standard of care or causation.

The court also addressed the inordinate delay in releasing reasons but concluded it did not impede fair adjudication.

The applicant insurer sought a declaration that the respondent insured breached statutory conditions 4(1) and 1(1) of its automobile policy after an employee, who did not hold a valid driver's licence, was involved in an accident while driving a company van.

The insurer argued the insured failed to verify the employee's licence and failed to report a material change in risk.

The court dismissed the application, finding that the insured acted reasonably in assuming the employee was licensed, as he had driven his own vehicle to work for ten years and was not hired as a driver.

The court also found no material change in risk, as the employee's use of the company van was infrequent and not habitual.