Aristorenas v. Comcare Health Services

(2006), 83 O.R. (3d) 282, 274 D.L.R. (4th) 304, 216 O.A.C. 161 (C.A.), leave to appeal to S.C.C. dismissed, 2007 CanLII 10550 (S.C.C.); Lerners successfully appealed a trial judge’s finding that a brief delay in treating a surgical wound caused the plaintiff to develop necrotizing fasciitis (“flesh-eating disease”). The Court of Appeal agreed that the trial judge was not entitled to infer causation on the basis of “common sense” in the absence of any scientific evidence establishing a link between the delay and an unusual disease whose cause is unknown.