Karen Armstrong Appellant v. Colin Ward, 2021 SCC 1

SUPREME COURT OF CANADA Citation: Armstrong v . Ward, 2021 SCC 1, [2021] 1 S.C.R. 3 Appeal Heard: January 18, 2021 Judgment Rendered: January 18, 2021 Docket: 39049 Between: Karen Armstrong Appellant and Colin Ward Respondent - and - Healthcare Insurance Reciprocal of Canada and Ontario Trial Lawyers Association Interveners Coram: Wagner C.J. and Abella, Moldaver, Karakatsanis, Côté, Brown and Rowe JJ. Unanimous Judgment Read By: (paras. 1 to 2) Wagner C.J. armstrong v. ward Karen Armstrong Appellant v.

Colin Ward Respondent and Healthcare Insurance Reciprocal of Canada and Ontario Trial Lawyers Association Interveners Indexed as: Armstrong v . Ward 2021 SCC 1 File No.: 39049 . 2021 : January 18 . Present: Wagner C.J. and Abella, Moldaver, Karakatsanis, Côté, Brown and Rowe JJ.

on appeal from the court of appeal for ontario Torts — Negligence — Standard of care — Patient’s left ureter injured during laparoscopic colectomy — Injury causing blockage of ureter leading to removal of left kidney — Patient suing surgeon — Trial judge finding that surgeon breached standard of care and that breach caused damage to patient’s ureter which required removal of kidney — Majority of Court of Appeal holding that trial judge erred in law in identifying and applying standard of care and setting aside trial decision — Dissenting judge finding that there was no basis to interfere with trial judge’s approach to standard of care and that trial judge’s conclusions were fully supported by evidence — Trial decision restored.

APPEAL from a judgment of the Ontario Court of Appeal (Juriansz, van Rensburg and Paciocco JJ.A.), 2019 ONCA 963 ( sub nom. Armstrong v. Royal Victoria Hospital ) , 452 D.L.R. (4th) 555, 61 C.C.L.T. (4th) 181, [2019] O.J. No. 6187 (QL), 2019 CarswellOnt 19957 (WL Can.), setting aside a decision of Mulligan J., 2018 ONSC 2439 , [2018] O.J. No. 2010 (QL). Appeal allowed. Ryan Breedon and Jan Marin , for the appellant. Mark Veneziano and Jaan Lilles , for the respondent. Anna Marrison , for the intervener the Healthcare Insurance Reciprocal of Canada.

Barbara Legate , for the intervener the Ontario Trial Lawyers Association. The judgment of the Court was delivered orally by [ 1 ] The Chief Justice — The appeal is allowed for the reasons of Justice van Rensburg, with costs throughout. [ 2 ] The judgment of the Court of Appeal is set aside and the trial judgment is restored. Judgment accordingly. Solicitors for the appellant: Breedon Litigation, Barrie, Ont.; Gluckstein Lawyers, Toronto. Solicitors for the respondent: Lenczner Slaght Royce Smith Griffin, Toronto.

Solicitors for the intervener the Healthcare Insurance Reciprocal of Canada: Borden Ladner Gervais, Toronto. Solicitors for the intervener the Ontario Trial Lawyers Association: Legate Personal Injury Lawyers, London, Ont .