Case information

Torts – Professional liability – Negligence – Causation – Mother suffering severe brain injury following cardiac arrest during delivery of child by caesarian section – Application of law of causation by Canadian courts – How principles of causation to be applied in the context of women’s healthcare in Canada – What is required to show factual causation and how Courts should engage with counterfactual analyses – What is required to show legal causation and demonstrate meaningful contemplation of applicable test

Civil procedure –Trial – Judgments – Reasons for judgment – Appeals – What is the permissible nature and extent of appellate courts’ power to review trial record when assessing sufficiency of reasons that are, on their face, deficient

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Sophia Hemmings was left with a severe brain injury after suffering cardiac arrest during a caesarean section at the respondent Scarborough Hospital (hereafter, the “Hospital”).

The appellants, Sophia Hemmings, by her Litigation Guardian, Rosalie Brown, Rosalie Brown personally, Samantha Camile Gayle and Moses Hemmings, minors by their Litigation Guardian, Rosalie Brown, and Samantha Hemmings, commenced an action against a number of health care practitioners, alleging that their negligence had caused Sophia’s injuries. The parties agreed on the amount of her damages. The action went to trial, solely on the issue of liability.

At trial, Lloyd Gregory Padmore, Dr. Neil Thomas Jamensky, and the Hospital were found liable in negligence. The Court of Appeal allowed appeals brought by Dr. Padmore and the Hospital, and set the judgment as against them aside. The appeal brought by Dr. Jamensky was dismissed.