McKinnon Estate V. Cadegan, 2021 NSCA 79

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 this 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. Nick Hooper and Kathleen Mitchell of Wagners argued the appeal. In their decision, the panel of judges found that the trial judge’s instructions to the jury concerning the personal notes made by Mr. McKinnon were deficient, as the judge’s instructions to the jury were potentially misleading regarding the use of the notes. The previous verdict of the jury was set aside, and a new trial has been ordered.

Wagners is pleased with the decision of the Court of Appeal, and will continue to fight for justice for the Plaintiff’s Estate.

For further details on the matter please see the Court of Appeal’s decision [McKinnon_Estate_v._Cadegan_2C_2021_NSCA_79].

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