The appellants appealed a finding of liability in a medical malpractice case, seeking to introduce fresh evidence that the respondent's trial expert witness had subsequently pleaded no contest to professional misconduct.
The Court of Appeal declined to decide whether to admit the fresh evidence, finding that even without the expert's testimony, the other evidence on record—including the respondent's own testimony and other medical evidence—supported the trial judge's conclusions on causation and informed consent.
The appellants called no evidence at trial to refute this.
The court also upheld the quantum of damages and dismissed the appeal with costs.
