Court of Appeal for Ontario

CITATION: Gergen v. Shirali, 2012 ONCA 662

DATE: 20121002

DOCKET: C55223

Laskin, Blair and Epstein JJ.A.

BETWEEN

Sheila Ann Gerger, Robert Gergen, Samantha Gergen and Nicole Gergen

Plaintiffs (Appellants)

and

Dr. Hemant Ramseh Shirali, Dr. Patricia Marchuck, Markham Stoufville Hospital, Uxbridge Cottage Hospital Site and Dr. Julio Kan

Defendants (Respondent)

Counsel:

Sara J. Erskine and Nastaran Roushan, for the appellants

Ryan Stewart Breedon and Jamie J. W. Spotswood, for the respondent

Heard: October 1, 2012

On appeal from the judgment of Justice Andra Pollak of the Superior Court of Justice, dated February 16, 2012.

APPEAL BOOK ENDORSEMENT

[1] This appeal turns on whether the respondent doctor met his disclosure obligations before the appellant elected to have surgery on her heel. The trial judge found at paras. 121-123 of her reasons that the doctor gave the appellant enough information about the risks and benefits of both the surgical and non-surgical options to enable her to make an informed choice to have surgery. The doctor’s evidence, which the trial judge accepted, reasonably supported the trial judge’s findings. Accordingly we have no basis to interfere with the judgment.

[2] The appeal is dismissed, with costs fixed in the amount of $10,000, inclusive of disbursements and applicable taxes.