Medical negligence appeal arising from a catastrophic birth injury after an emergency Caesarean section.
The appellants challenged the trial judge's findings on negligence and causation, numerous evidentiary rulings concerning expert reports, foundational facts, discovery corrections, and cross-examination, and alleged a reasonable apprehension of bias based largely on the trial judge's handling of extreme incivility by defence counsel during a 165-day trial.
The Court of Appeal held there was ample evidence supporting the findings that no negligence was proven and that the injury was caused by a sudden placental abruption.
It further held that virtually all evidentiary rulings were correct, any errors were inconsequential, and an informed observer would not apprehend bias.
The appeal was dismissed, but the trial judgment was varied so the dismissal was without costs.
