death Tag Archives

Benhaim v. St-Germain, 2016 SCC 48

In a 5-4 decision, the Supreme Court of Canada held that a trial judge is not required by law to draw an adverse inference against physicians whose negligence makes it impossible to prove causation and where the plaintiff adduces at least some evidence of causation. Trial judges are permitted to draw such inferences, but are not required to do so.

Harris v. Ontario, 2016 ONSC 4641

Are claims for recovery of legal expenses incurred in connection with the inquest conducted into the death of JD potentially recoverable in law as against the defendants, pursuant to section 61(1) of the Family Law Act, or are such expenses excluded claims which are not potentially recoverable at law?

New Laws Likely Insufficient in Preventing Pedestrian Deaths

woman crosses busy street of cars and pedestrians

As the summer season approaches, increasing numbers of pedestrians and cyclists will make their way outside to enjoy the beautiful weather. Unfortunately, Toronto Police Service safety statistics are not on the side of pedestrians; fatality numbers continue to rise despite new provincial laws to enhance road safety. This data revealed that on average, a pedestrian in Toronto dies every 10 days. There has been a …

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 …