after an operation.
The circumstances of that case may have justified a judgment against the hospital, a point on which it is unnecessary to express any opinion, but the Ontario decision certainly cannot prevail against the rules laid down in the Hillyer Case (1), which, in my opinion, should be applied here.
I would dismiss the appeal with costs.
Solicitors for the appellant: Friedman, Lieberman & Gallaway.
Solicitors for the respondent: Milner, Matheson, Carr & Dafoe.
THOMAS HOLLAND
......... THE CORPORATION OF THE CITY '
OF TORONTO
APPEAL from the judgment of the Appellate Division of the Supreme Court of Ontario (2) affirming judgment of Mowat J. dismissing the plaintiff's action to recover damages from the defendant city for personal injury sustained in a fall on an alleged icy sidewalk on Doel Avenue in the city of Toronto.
The main question involved was whether, on the evidence, there was " gross negligence " within s. 460 (3) of The Consolidated Municipal Act, 1922, c. 72, for which the city was responsible.
Statutes and regulations cited
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Unresolved citations
- s. 460