Hemmings v. Padmore

Decided: 2026-10-23. Docket: 41350. Citation: 2026 SCC 34 (CanLII). Civil liability — Negligence — Medical negligence — Factual causation and remoteness kept analytically distinct — “But for” test and counterfactual analysis in multiple defendant case — Reasonable foreseeability and “real risk” for anesthetic complications — Appellate deference and extricable legal error, Housen v. Nikolaisen — Appeals dismissed | Civil liability — Negligence — Factual causation — Nurse telephone advice — Whether “but for” causation found without addressing counterfactual — Competing expert evidence on what would have happened with earlier attendance — Misstatement of threshold by using “not far-fetched” — Legal error in failing to apply Clements v. Clements counterfactual — Action against Hospital dismiss