Sharon Wilmot

The applicant, charged with drug trafficking, brought an application for the disclosure of police disciplinary records relating to two officers involved in the investigation.

The court held that the disciplinary file of an officer who would not be called as a Crown witness was not first party disclosure and did not meet the 'likely relevant' threshold for third party records.

For the undercover officer who would testify, the court ordered the police to ascertain whether specific additional disciplinary records existed, but otherwise dismissed the application.

The appellants sought $207,612.83 in partial indemnity costs for the appeal against the respondent Dr. Librach, who proposed $101,571.06.

The Court of Appeal fixed the appellants' partial indemnity costs against Dr. Librach at $100,000 inclusive of taxes, plus disbursements, noting that even the respondent's proposed figure was on the high end.

The appellants appealed the dismissal of their medical negligence action relating to a birth injury that resulted in cerebral palsy.

The trial judge had dismissed the action against the attending obstetrician, nurse, and hospital.

The Court of Appeal allowed the appeal with respect to the obstetrician, finding that the trial judge made inconsistent findings regarding the interpretability of fetal heart rate monitor outputs and erred in concluding that the bradycardia would have occurred regardless of the application of a vacuum extractor.

A new trial was ordered for the claim against the obstetrician.

The appeal regarding the nurse and hospital was dismissed.