Dr. Wade ats Felicity PoleraPosted May 5, 2016
2015 ONCA 895; Lerners represented the Appellant in this appeal. The action arose out of the Appellant doctor’s delayed diagnosis of a brain tumour. The motion judge summarily dismissed the Appellant’s defence of contributory negligence. Prior to the motions, the Appellant had admitted that he breached the standard of care and that his breach caused the Respondent’s damages. The Court of Appeal dismissed the appeal, finding that the motions judge had not erred in dismissing the defence of contributory negligence or in enumerating a list of injuries that the Respondent had suffered as a result of the Appellant’s admitted breach of the standard of care.