The respondents brought an action for damages against a doctor and the appellant hospital alleging medical malpractice.
The Superior Court found no fault on the part of the doctor and dismissed the action.
The Court of Appeal reversed this judgment and found both the doctor and the hospital liable.
In a companion appeal, the Supreme Court of Canada allowed the doctor's appeal and found no fault.
Consequently, the Court allowed the hospital's appeal, holding that the hospital could only be liable if the doctor was found to be at fault.