Ediger v. Johnston, SCC case no. 34408

on appeal from 2011 BCCA 253 reversing 2009 BCSC 386.

The SCC’s decision in the Ediger appeal is supposed to be released tomorrow at 9:45 a.m. E.S.T. So much for my intellectual vacation. Maybe.

Ediger is a medical malpractice case which could produce more discussion on factual causation in both the informed consent and operational negligence aspects of the case.

On the other hand, the appeal was argued in mid December 2012, barely 3.5 months ago. The seemingly quick turn around could mean a fact-driven decision with little new law. Or not.

I’ve written about some of the issues in Ediger in some detail here.

The SCC’s summary is here. For what this might mean:  the current SCC summary is not the same as the summary that existed on September 30, 2012. That version is quoted in the note that I’ve linked to.


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