John K. Downing

The appellant appealed a trial judgment finding it liable for breach of contract.

The dispute centered on whether the appellant knew the building was not to involve post and beam construction and whether it breached the contract by unilaterally changing the design.

The Court of Appeal found no misapprehension of evidence by the trial judge, agreeing that the parties were ad idem on the terms and that the appellant's delivery of draft drawings using an uncontracted construction technique constituted a breach.

The court also upheld the trial judge's measure of damages, which aimed to put the respondent in the position it would have been had the contract not been breached.

The appeal was dismissed with costs.

The respondent, a diabetic, developed a foot sore and consulted the appellant physician, who failed to examine the foot or arrange follow-up care.

The sore became infected, leading to a below-the-knee amputation.

The trial judge found the physician negligent and held that the negligence denied the respondent a 'window of opportunity' to save her leg.

On appeal, the Court of Appeal reversed the decision, finding that the respondent failed to prove causation on a balance of probabilities.

The medical evidence established only a loss of a chance to save the leg, which is not compensable in medical malpractice cases.