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8 Appeals at the Supreme Court of Canada in the 2021 Winter Session | Bennett Jones LLP


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The Supreme Court of Canada heard one appeal in January and will hear seven more in February and March that may interest the business community or organizations facing civil litigation:
January Decision of the SCC
The Supreme Court of Canada allowed the appeal in the
medical malpractice case,
Armstrong v Royal Victoria Hospital, 2019 ONCA 963. The plaintiff underwent colon surgery and suffered injury to her ureter in the process due to it coming into close proximity with a LigaSure device. The surgeon was found negligent at trial. The Ontario Court of Appeal overturned the trial judge s decision, holding that he improperly applied the standard of care analysis by focusing on the goals that surgeons aim to achieve in performing surgery (i.e., keeping the LigaSure a certain distance from the ureter), rather than the means used to achieve those goals. The Supreme Court adopted the decision of the diss ....

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