The appellant, an infant who suffered severe brain damage during a mid-level forceps delivery, appealed from the Court of Appeal's reversal of the trial judge's finding of liability against the respondent obstetrician.
The trial judge found the respondent breached the standard of care by failing to have surgical back-up immediately available before attempting the forceps procedure and by failing to obtain the mother's informed consent.
The Supreme Court of Canada restored the trial judgment, holding the trial judge committed no palpable and overriding error in finding causation on the "but for" test.
The matter was remitted to the Court of Appeal on the damages issue.
