CITATION: Koskinas v. Centenary Health Centre, 2009 ONCA 625

DATE: 20090826

DOCKET: C49456

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

[1] In 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.

[2] This 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.

[3] Accordingly, this appeal is dismissed with costs fixed at $3,945, inclusive of disbursements and GST.