Rozmin Mediratta

This case addresses a contractual dispute between a midwifery practice group (AMMA) and three former associate midwives regarding a clause requiring the withdrawal of hospital privileges upon termination of their agreements.

The court examined whether the clause applied to an expired contract, whether privileges were 'held through' the practice group, and if the clause constituted an unreasonable restraint of trade.

The court found the 'termination' clause ambiguous and, applying contra proferentem, ruled it did not apply to an expired contract.

However, it found that privileges were indeed 'held through' the practice group for the purpose of the clause.

The court also determined that the clause was not a restraint of trade under Ontario's formalistic approach, as it did not prohibit competition but merely required the withdrawal of privileges obtained through the association.

The application was dismissed against one respondent (whose contract expired) but allowed against the other two (whose contracts were terminated).

Appeal from a trial judgment awarding damages for birth injuries caused by hospital negligence.

The trial judge found that hospital nurses negligently ruptured the membranes during delivery, causing the plaintiff to suffer hypotonic cerebral palsy with serious and permanent impairments.

The appellants admitted falling below the standard of care but contested causation and damages.

The trial judge awarded $5,568,393 in total damages, including $1,881,846 for future loss of income, and costs of $2,201,259.

The appellants appealed the damages award and costs decision.

The Court of Appeal upheld the trial judge's findings and dismissed the appeal.