DOCKET: M37131 C46830
COURT OF APPEAL FOR ONTARIO
Rosenberg, Feldman and Simmons JJ.A.
BETWEEN:
Wendy Fisher, Alecia Fisher by her Litigation Guardian, Wendy Fisher and Darrell Fisher
Respondents
and
Dr. D. Barry Atack, Dr. John M. Muir, Dr. J. MacMillan, Dr. Frederick Sabga, J. Hutchison and Nancy Stephens, T. Grimminck, P. Rawlins and W. Wanless, Deborah Craven, Jane Doe and Victoria Hospital
Appellant
D. H. Rogers, Q.C. and Anita M. Varjacic for the appellant
Paul J. Pape for the respondents
Heard: April 3, 2008
Motion for an order to vary paragraph 84 of the Court’s Reasons dated November 12, 2008 by deleting the order for a new trial and substituting an order remitting the matter to the trial judge.
ENDORSEMENT
1We have reviewed the respondents’ motion requesting that we vary our order for a new trial to an order remitting this matter to the trial judge. Without foreclosing the possibility that the remedy sought may be appropriate in some circumstances, we decline to grant the relief requested in this case.
2The trial judge formed her conclusions on the critical causation issue based on her understanding and view of the evidence. In the circumstances, in our view, it would not be appropriate to ask her to revisit those conclusions in light of the reasons of this court. Consequently, it would not be in the interests of justice to grant the relief requested.
3The motion is dismissed without costs.
"M. Rosenberg J.A."
"K. Feldman J.A."
"Janet Simmons J.A."