COURT OF APPEAL FOR ONTARIO
Laskin, Sharpe and MacFarland JJ.A.
BETWEEN
Mary Koskinas and Paul Koskinas
Plaintiffs (Appellants)
and
Dr. Marshall Redhill and Centenary Health Centre
Defendants (Respondent)
James C. Morton, for the appellants
Ira Parghi and Cara Zwibel, for the respondent
Heard: August 25, 2009
On appeal from the judgment of Justice Cory A. Gilmore of the Superior Court of Justice dated September 10, 2008.
APPEAL BOOK ENDORSEMENT
1In our view, there is enough evidence in the record that the respondent fell below the required standard of care to raise a genuine issue for trial on that question.
2This appeal, therefore, turns on the question of causation. We agree with the motion judge that in the face of Dr. Cohen’s evidence, the appellants have not put forward evidence on causation that raises a genuine issue for trial.
3Accordingly, this appeal is dismissed with costs fixed at $3,945, inclusive of disbursements and GST.