Background Facts: Kyrcee Hanson-Tasker was born slightly pre-term on July 29, 1996. She was discharged from the hospital two days later with slightly elevated bilirubin levels, which were not deemed critical. On August 1, 1996, Dr. Brian Ewart examined her and noted she was jaundiced but did not order further monitoring or testing. Hanson-Tasker was re-admitted to the hospital on August 6, 1996, displaying severe symptoms of acute bilirubin encephalopathy. Despite prompt treatment, she suffered permanent brain damage, resulting in conditions like athetoid cerebral palsy and hearing impairment.

Legal Arguments/Issues: Hanson-Tasker argued that the trial judge erred in not drawing an adverse inference of causation against the Ewarts due to the evidentiary gap created by their negligence. She also contended that the judge misapprehended evidence critical to the causation analysis, specifically regarding the timing and progression of her bilirubin levels.

The respondents countered with expert testimony that the brain damage was caused by an unpredictable oxidative hemolytic event that occurred several days after birth, independent of the initial negligence.

Outcome: The Court of Appeal dismissed the appeal, upholding the trial judge’s finding that, although the Ewarts breached the standard of care, this breach did not cause Hanson-Tasker’s injuries. The court found no palpable and overriding error in the trial judge’s understanding of the causation evidence. The appeal did not result in an award of costs, as it was dismissed without compensation to either party?.