Ontario Court Dismisses Johnson Stroke Case Over Lack of Causation

Mr. Johnson suffered an initial stroke and was hospitalized at Lakeridge Health Corporation. While awaiting diagnostic imaging results, he was discharged without the physician reviewing the images. About a week later, Johnson experienced a second, more severe stroke that left him with lasting impairments.

The treating physician admitted to the breach of the standard of care by failing to review the imaging, but argued that causation had not been proven. Expert testimony was split: plaintiffs contended that earlier review would have led to anticoagulation treatment and prevented the second stroke, while the defence expert said medical literature did not support that conclusion. The defence expert testified, “[E]very time someone has a stroke, it’s heartbreaking. And the reality is our current available medications are just not foolproof.”

The trial judge accepted the defence expert’s view, finding no causation, and dismissed the claim. The Ontario Court of Appeal upheld the decision, confirming that a breach of duty alone, without proven causation, is insufficient for liability.