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 …
H.C. v. SSQ Life Insurance Company Inc., 2024 ONSC 53 (CanLII)
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.
J.E. and S.E. v. Metrolinx, 2024 ONSC 612
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.
Cooper v. Beaudoin, 2023 ONSC 6543
This Ottawa occupiers’ liability case was a bifurcated trial with the issue of liability heard first. While the analysis is largely fact driven, Cooper provides a helpful analysis of occupiers’ liability law and a thorough review of the judge’s findings of fact.
Barry v. His Majesty the King in Right of Ontario, 2023 ONSC 4299
This occupiers’ liability case highlights the importance of meeting the 10-day statutory notice requirements in proceedings against the Crown
Herrington v. Brewer et al., 2022 ONSC 2852
Full Decision The Superior Court of Justice helpfully clarifies the approach to quantifying loss of competitive advantage in Herrington. After sustaining injuries in a motor vehicle collision, the plaintiff continued to earn business income but in a market with serious labour shortages. Additionally, he was no longer able to perform the physical work of the job. The case also addressed causation and the “crumbling skull” …