Brown v. Baum, 2016 ONCA 325

Released May 3, 2016 | Full Decision [CanLII]

On March 25, 2009, the plaintiff, Diana Brown, underwent breast reduction surgery, performed by the defendant Dr. Joseph Baum.  On May 6, 2009, Dr. Baum performed further surgery to remove necrotic tissue.  Dr. Baum performed further surgical procedures on May 26, 2009, June 2, 2009, June 24, 2009, August 12, 2009, and June 16, 2010.  On June 4, 2012, Ms. Brown issued a Statement of Claim.  Dr. Baum brought a motion for summary judgment on the basis that the action was statute barred.

At first instance, Justice Mew dismissed the motion.  On appeal, the Court of Appeal agreed with Justice Mew’s findings.  The Court found that a reasonable person in Ms. Brown’s circumstances would not consider it legally appropriate to sue her doctor while the doctor was in the process of correcting his own error and hopefully eliminating, or at least reducing, the damage.  This is because the need for an action might be done away with if the damage is minimized or eliminated altogether.

Read the full decision on CanLII

Rikin Morzaria
Written by

For over a decade, Rikin Morzaria has dedicated his practice to representing those who have suffered serious or catastrophic personal injuries and families who have lost a loved one in wrongful death cases. His areas of practice include traumatic brain injuries, spinal cord injuries, cycling injuries, fatal accidents, medical malpractice, nursing home negligence, and disability insurance claims.

Rikin received his Bachelor of Business Administration (BBA) with Distinction from the Schulich School of Business at York University. He completed his law degree at the University of Toronto, where he also received the top prize in Trial Advocacy and the top prize in Public International Law.

Rikin has written and published more than twenty journal articles and chapters in leading textbooks in the field of civil litigation and personal injury law. He is regularly invited to give lectures to other lawyers and to health professionals about litigation and personal injury law.

Rikin believes passionately in the need for safe streets and commutes by bicycle to work every day. When not working, Rikin spends his time with his wife and two children.