Odim then consulted with Jesse's parents. He testified that he explained the need for surgery, and the nature and risk of the procedure. He said he explained that there were different approaches to the operation. However, he did not ask Laurie Maguire to select the one that she preferred.

What I did was essentially discuss the risks involved with either approach, and at the end of it, told her what I thought was best, and she accepted it. (Evidence, page 25,836)

In his testimony, Odim said that he had been involved as a first assistant in approximately six such cases over a three to four-year period before coming to Winnipeg. He testified that he did not tell Jesse's parents that this was the first time he had performed this operation as the "main or primary or attending surgeon." (Evidence, page 25,837)

I felt that the team was competent and could provide an acceptable level of care, ... and the issue of my being an attending for the first time when I came to Winnipeg did not cross my mind. (Evidence, pages 25,837-25,838)

According to his notes, Odim told the family that the mortality rate for this procedure was 10 to 15 per cent. He also testified that he told them the procedure would take between six to eight hours.

Odim was asked if he considered sending Jesse out of province.

No, that really didn't come to my mind. I knew that interrupted aortic arch lesions are quite rare, and even at the centres that have been in existence for many years, a man 20 years, or a surgeon 20 years out in practice may only come into contact with five cases, just based on the frequency of this type of lesion.

My practice and training was relatively contemporary, and I had seen and worked with a number of surgeons and seen this lesion. So, I was comfortable with the approach to the lesion and the various components of the operation. (Evidence, pages 25,823-25,824)

Laurie Maguire testified that Odim explained the nature of the lesions, the repair and the need for surgery. She said that they did not ask him about his experience with these lesions. Both Jesse's mother and father confirmed that Odim quoted them a 10-15 percent mortality rate for the operation. Richard Shumila testified that Odim indicated that he had not performed this repair before, but he explained that pediatric cardiac surgery was his area of expertise.