The respondents' five-year-old daughter suffered a severed artery and was taken to a general hospital, where the appellant doctor treated her.
Realizing he could not repair the artery, the appellant transferred her to a paediatric hospital without administering a blood transfusion.
The child later suffered a cardio-respiratory arrest resulting in severe brain damage.
The trial judge dismissed the medical malpractice action, finding the appellant exercised sound judgment, but the Court of Appeal reversed this decision.
The Supreme Court of Canada allowed the appeal, holding that the Court of Appeal erred by substituting its own assessment of the facts and expert evidence for that of the trial judge without identifying a palpable and overriding error.
