S. J. Woodley J.

The plaintiff underwent an incisional hernia repair surgery performed by the defendant general surgeon.

Following the surgery, the plaintiff developed a bowel leak requiring emergency repair and subsequent treatment for a fistula and wound infections.

The plaintiff brought a medical malpractice action alleging the surgeon breached the standard of care by failing to order bowel preparation, failing to 'run the bowel', and improperly repairing the bowel perforation.

The court dismissed the action, preferring the evidence of the defendant's expert witness and finding that the surgeon's conduct met the standard of care in all respects.

The court also found that causation was not established.

Following a jury trial for a motor vehicle accident where the plaintiff was awarded $677,143, the court determined the costs payable to the successful plaintiff.

The plaintiff sought partial indemnity costs based on reconstructed dockets due to a contingency fee agreement, including costs for a Licence Appeal Tribunal (LAT) hearing regarding statutory accident benefits.

The court awarded $302,974.37 in total costs, allowing only a portion of the LAT hearing fees that constituted trial preparation for the tort action, and deducting certain disbursements as standard office overhead.