Cheesman et al v. Credit Valley Hospital et al, 2019 ONSC 4996,
the Ontario Supreme Court of Justice provided guidance on some key
evidentiary issues: 1) cross-examination of parties who have
settled in multi-party litigation, and 2) the admissibility of
PowerPoint and other demonstrative aids to facilitate expert
testimony.
In this medical malpractice case, the plaintiff, Lorena
Cheesman, had been admitted to hospital for treatment of an
infection of the inner orbit of her eye. A series of complications
ensued, and she left the hospital six months later with both her
feet and nine of her fingers amputated. Ms. Cheeseman and her
dependents sued her physicians, nurses and the hospital for medical
malpractice. The physicians cross-claimed against the nurses,
claiming that if there was a breach of the applicable standard of
care, liability should be apportioned to the nurses.