Peter S. Carlisi

The appellant appealed the dismissal of her medical malpractice action against the respondent doctor, who had prescribed Garasone for ear infections, allegedly causing ototoxicity.

The Court of Appeal upheld the trial judge's findings on credibility, standard of care, and causation, finding no palpable and overriding error.

However, the Court granted leave to appeal costs and varied the trial costs award to disbursements only, reflecting the respondent's change in evidence from discovery to trial and conduct that attracted negative comment.