Danielle Bartlett was called to the Ontario bar in 2017. She is an associate at Tierney Stauffer LLP.
Danielle is a compassionate advocate navigating complex personal injury claims and estates litigation. She practices all types of personal injury claims including motor vehicle accidents, product liability, medical malpractice, wrongful death, slip and falls, as well as sexual assault and historical abuse claims.
Full Decision A plaintiff’s last-minute motion to move a six-year-old action scheduled for trial under Rule 76 simplified procedure, citing that she was too unwell to participate in an ordinary trial, was denied by the court as a tactical move causing undue prejudice to the defendant. This decision emphasizes the importance of plaintiff’s counsel in determining strategy and best procedure from the outset of the …
Full Decision Background Facts This personal injury action arose from a motor vehicle–bicycle collision in 2011. The claim was commenced in 2013; productions served and discoveries concluded by 2015; mediation and undertakings completed by 2016; and set down for trial in December 2017. The matter was struck from the trial list in December 2018 when plaintiff’s counsel failed to complete the certification form he received. …
Full Decision Bernier v. Ottawa (Ville),2024 ONSC 6725 (CanLII) is a recent waiver liability case which clarifies the interpretation and enforceability of waivers purporting to waive negligence and the importance of the context and circumstances in which a waiver was signed. The defendants, and third party in the action, collectively brought a summary judgment motion to dismiss the plaintiffs’ action. In 2018, Ms. Bernier suffered …
Full Decision This Ottawa summary judgment decision again highlights that lack of expert evidence may be fatal to a medical malpractice case. Ms. Abdul-Hussein, the self-represented plaintiff in this matter, sued Dr. Werner Zabel, an ophthalmologist. Ms. Abdul-Hussein alleged he had performed a cataract surgery and laser capsulotomy negligently and failed to obtain her informed consent. She framed her claim as one of battery and …
In this long-term disability matter H.C., Justice Doyle ruled that the plaintiff was not required to produce the redacted notes and records of her long-time treating psychologist. The Court also granted the plaintiff’s cross-motion for anonymization of the parties’ names as well as a sealing order of the psychologist’s treating records. The case sets out the general principles on redactions of records as well as the Wigmore criteria, and that such redactions be allowed if the information is not relevant to the matter and there is no good reason to produce it.
In November 2017, J.E. was walking on a sidewalk in Waterloo when he was injured by a bus stop sign that was protruding into his path. He claimed damages for injuries including concussion, depression and anxiety. In 2023, J.E. was subsequently hospitalized, diagnosed with and treated for schizophrenia.
