2021 NSCA 79
November 23, 2021
On November 23, 2021, a decision was released by the Nova Scotia Court of Appeal overturning the trial verdict in McKinnon Estate v. Cadegan. Wagners represented the Plaintiffs/Appellants in the medical malpractice trial and subsequent appeal. The trial was heard before a jury and presided over by the Honourable Justice Patrick Murray of the Nova Scotia Supreme Court in October and November 2020. While the jury found that Dr. Perry Cadegan had breached his standard of care in providing treatment to Leroy McKinnon by failing to inform Mr. McKinnon of a diagnosis and by failing to follow up with a specialist to obtain an alternate treatment plan, the jury found that these breaches did not cause the death of Mr. McKinnon.
The appeal of the trial decision was heard on October 14, 2021, by a panel of three judges in the Court of Appeal. In their decision, the panel found that the trial judge’s instructions to the jury concerning notes made by Mr. McKinnon were deficient as the judge’s instructions were potentially misleading. The previous verdict will be set aside and a new trial will be ordered.
Wagners is content with the decision to overturn the previous trial verdict and will continue forward with its representation of the Estate of Mr. McKinnon and his family members.
For further details on the matter please see the Court of Appeal’s decision [McKinnon_Estate_v._Cadegan_2C_2021_NSCA_79].