Barbara MacFarlane

Barbara MacFarlane

Barbara is a partner of Torkin Manes LLP Barristers & Solicitors and head of our Medical Malpractice and Personal Injury Groups, with a civil litigation practice focused on catastrophic injury and fatalities. Her cases include wrongful death, motor vehicle accidents, product liability, tavern liability and complex medical negligence cases. Barb is experienced Trial Counsel and has appeared as lead Appellate Counsel in the Ontario Court of Appeal. She regularly represents clients in the Superior Court, at Coroners’ Inquests and various administrative Tribunals. Barb has been involved in many complex litigation matters, including class actions.

Barb is Chair of the Women’s Trial Lawyers Caucus of the Ontario Trial Lawyers Association.

Better Reporting of Medical Errors Could Save Lives

Medical Error may be 3rd leading cause of death in the US

Medical error is the third leading cause of death in the United States, behind heart disease and cancer, according to a recent study published by Drs. Makary and Daniel at Johns Hopkins University. It is estimated at least 251,454 Americans die due to medical errors every year. The study goes on to say that medical error leading to patient death is under-recognized in many other …

Injured and Still Working? You Still Deserve Compensation

A wheelchair next to a row of plastic chairs

When a serious injury occurs, it can have a major impact on the career path and potential earnings of the victim, but it is often difficult to predict the exact value of this loss. This valuation is even harder when considering the ongoing trend towards self-employed contract work and nontraditional employee/employer relationships. Sometimes, an injured person may earn the same or more than they did before their injury …

Reducing Taxpayers’ Dollars means the CMPA taking a Different Litigation Approach

As medical malpractice lawyers know all too well, the Canadian Medical Protective Association (“CMPA”) has earned its litigious reputation. Their slogan reads, “protecting the professional integrity of physicians and promoting safe medical care in Canada”. They profess a duty to protect rather than to defend. Often, this mandate translates into aggressively fought litigation culminating with a trial or settlement only on the courtroom steps. This …

Discovering a Claim of Medical Negligence

A woman with a pained expression holds her neck beside a large analog clock face

An injured party and their family have a time limit within which to bring a lawsuit to recover damages or losses relating to an injury. The time limit for doing so in the Province of Ontario is usually 2 years from when the claim was discovered or reasonably discoverable (the “limitation period”). Many assume that claims are discovered (and the limitation period begins to run) …

CPSO Transparency: By-Law Amendment a Step in the Right Direction

Most complaints to the College of Physicians and Surgeons (“CPSO”) are made because patients want to ensure that the same medical mistake that they were subjected to doesn’t happen to someone else. Investigations led by the Inquiries, Complaints & Reports Committee (“ICRC”) at the CPSO can help patients get the medical answers they are looking for and re-assurance that the doctor will strive not to …

Training and Licensing: The Essentials of Private Security

The shooting of two men in at a Toronto McDonalds – allegedly perpetrated by an off-duty security guard – has people asking questions about whether security guards are being properly trained to handle dangerous situations. All security guards in the Province of Ontario are required to be trained and hold a licence to provide private security services. Some security guards – such as armoured car …