Thorburn v Grimshaw: Summary Judgment in an Informed Consent Case
A self-represented plaintiff’s negligence and informed consent claims against an OBGYN were dismissed on summary judgment for lack of expert evidence.
February 3, 2024
Articles Tagged
Supreme Court of Nova Scotia
The Supreme Court of Nova Scotia 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. Despite its name, the Supreme Court of Nova Scotia is a trial-level court of another province and does not bind Ontario courts, so 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 Supreme Court of Nova Scotia 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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