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.
negligence Tag Archives
A good refresher on the test for Gross Negligence
This was a medical negligence claim against a general surgeon following a Hartmann’s procedure and colostomy reversal. Failure to secure informed consent, and failure of surgical and post-operative standard of care were at issue.
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 …
The Ontario Court of Appeal held that a solicitor’s negligence claim based on improvident settlement in a personal injury action was not discoverable until new counsel advised the plaintiff of it after obtaining an expert medical-legal opinion.
Solicitor’s Negligence Action not statute barred as a result of discoverability.