The Court of King’s Bench of Manitoba is that province’s superior trial court, and its medical malpractice decisions are of interest to Ontario practitioners as persuasive authority on standard of care, causation, and the conduct of medical negligence litigation.
For Ontario purposes the binding-versus-persuasive distinction matters. As a trial-level court of another province, the Court of King’s Bench of Manitoba does not bind Ontario courts, and its decisions are persuasive only. Ontario judges may nonetheless consider its reasoning on a shared question of negligence principle, because the common law of negligence is broadly consistent across the common law provinces.
Posts tagged Court of King’s Bench of Manitoba 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.
A surgeon admitted he stopped a colonoscopy without finding the cancer. The trial judge held the death was inevitable but awarded damages for additional suffering.
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