TORONTO - A woman from Kingston, Ont., who spent two years in custody for her daughter's death has won the right to sue the pathologist whose testimony helped put her in jail.
Louise appeared before the province's highest court last month so she might be allowed to take legal action against Dr. Charles Smith.
The forensic pathologist determined Louise's seven-year-old daughter Sharon died of multiple stab wounds in 1997, but a later autopsy found the girl had been mauled by a pit bull.
Louise was denied the right to sue Smith because he was protected by witness immunity.
A three-judge Ontario Court of Appeal panel, however, has decided to set aside the lower court's decision and allow her appeal.
The landmark decision is expected to open the door to others who have been wrongly accused and want to hold pathologists and other experts accountable before the courts.
Some 44 of Smith's cases, some dating back to the early 1990s, are currently under review by Ontario's chief coroner to determine if his conclusions can be supported.
