Lorencz v Talukdar: Failure to Refer, Wait Times, and Causation
The Saskatchewan Court of Appeal affirms dismissal of a failure-to-refer claim. Breach of standard of care, but causation defeated by referral wait times.
November 27, 2024
Articles Tagged
Court of Appeal for Saskatchewan
The Court of Appeal for Saskatchewan is that province’s highest court, and its medical malpractice decisions are of interest to Ontario practitioners as persuasive authority on standard of care, causation, and the admissibility and weight of expert evidence.
For Ontario purposes the binding-versus-persuasive distinction is essential. Decisions of the Court of Appeal for Saskatchewan are not binding on Ontario courts and are persuasive only. Ontario judges may look to them, particularly where no Ontario authority is on point or where the Saskatchewan court has analyzed a shared question of principle more fully, because the underlying common law of negligence is broadly consistent across the common law provinces.
Posts tagged Court of Appeal for Saskatchewan analyze decisions of that court for what they signal about how Ontario courts may approach the same issue, noting their persuasive rather than binding status.
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