Dr. Beck et al ats Wilson

2013 ONCA 316 (CanLII); Lerners acted for the appellants in an appeal of a trial decision which held the appellants liable for negligent treatment of a patient with Infective Endocarditis. The issues on appeal revolved around the standard of care, causation, and vicarious liability. The Court of Appeal dismissed the appeal in relation to the first two issues, finding that the trial judge’s findings as to standard of care and causation were reasonable. In relation to the third issue, the Court of Appeal allowed the appeal, based on its finding that vicarious liability was neither pleaded nor argued at trial.