Mandeep K. Gill

The appellants, a mother and infant who suffered brain damage during a vaginal birth after caesarean section (VBAC), appealed a Court of Appeal order setting aside a trial judgment due to the trial judge's extensive copying of the plaintiffs' submissions.

The Supreme Court held that incorporating the material of others in reasons for judgment does not, without more, require the decision to be set aside; the presumption of judicial integrity is rebutted only where copying would lead a reasonable person to conclude the judge did not independently consider the issues.

On the merits, the Court affirmed liability against the prenatal obstetrician for failure to obtain informed consent to VBAC, but set aside findings of liability against the hospital, nurse, and other physicians for lack of causation.

The appellant was convicted of criminal negligence causing death and bodily harm following a single-vehicle accident.

At trial, the main issue was whether the appellant or another survivor was driving.

The trial judge admitted prior consistent statements of the other survivor to rebut allegations of recent fabrication.

The appellant appealed, arguing the trial judge improperly used these statements for the truth of their contents and to bolster general credibility.

The Supreme Court of Canada dismissed the appeal, finding that the trial judge correctly understood the limited use of prior consistent statements and did not rely on them for the truth of their contents.