Facts:
Douglas William Hewer sued Dr. Sean Liam Oscar Christopher Cambridge for medical malpractice, alleging that Dr. Cambridge failed to promptly refer him for a biopsy after he presented with a lump in his neck in March 2015. The delayed diagnosis led to stage IV squamous cell carcinoma, requiring aggressive radiation and chemotherapy.

Legal Issues:
The court analyzed whether Dr. Cambridge breached the standard of care by delaying referral for a biopsy and whether this breach caused harm to Hewer. The court applied the negligence test from Mustapha v. Culligan of Canada Ltd. (2008 SCC 27) and considered medical expert testimony.

Court’s Findings:
The court found that Dr. Cambridge met the standard of care. Based on expert testimony, even if Hewer had been referred earlier, his cancer was already at stage IV in 2015, meaning his treatment would have been the same. The claim was dismissed.

Causation:
The court ruled that Hewer failed to prove that earlier diagnosis would have changed his treatment or prevented his suffering. Since Hewer would have undergone the same treatment regardless, he did not establish a compensable loss.

Disposition and Costs:
Justice Wilson dismissed Hewer’s claim. The judgment did not specify an award for costs, but typically, costs follow the event, meaning Hewer would likely be responsible for Dr. Cambridge’s legal costs.