Lynne Kassie

The respondent's late sister consulted the appellant doctor about a breast lump.

The doctor performed a biopsy, found cancer, but failed to inform the patient or arrange follow-up care.

Years later, the patient died of generalized cancer.

The Supreme Court of Canada rejected the application of the 'loss of chance' theory to medical malpractice in Quebec civil law, holding that traditional rules of causation apply.

However, the Court found the doctor liable for the patient's psychological suffering and diminished quality of life caused by the failure to inform and follow up, awarding $17,500 in damages.

The appellant was charged with conspiring in Canada to cause persons to enter the United States unlawfully.

At the preliminary inquiry, the judge quashed the information on the basis that it did not allege an offence known to Canadian law.

The Superior Court issued a writ of mandamus directing the judge to proceed, which was affirmed by the Court of Appeal.

The Supreme Court of Canada dismissed the appeal, holding that conspiracy to effect unlawful entry is an offence in both Canada and the United States, and under s. 423(3) of the Criminal Code, the conspirators are deemed to have conspired to commit the offence in Canada.

The Court also held that the information was valid and that mandamus was the appropriate remedy for a fundamental error of law amounting to a refusal to exercise jurisdiction.