Luke Kilroy is an associate lawyer at Legate Injury Lawyers in London, Ontario. He practices exclusively in medical malpractice and personal injury law. Luke completed his law degree at Western University in 2020 and was called to the bar in Ontario in 2021. Prior to law school, Luke obtained his Biomedical Engineering degree from the University of Guelph and worked as a medical device designer at a London, Ontario company.
Outside of work, Luke is the proud “dog-dad” of Beau and Indie and spends much of his time exploring Canada with his wife and dogs.
Full Decision Introduction The decision of Leduc v. Dufour is notable for a number of reasons, first amongst those is a proposed staggered contingency fee percentage in birth trauma and other high damages claims. Second, is the review of the statutory and regulatory standards that govern contingency fee agreements and a reminder of the essential elements of the same. Decision A proposed settlement of the …
Full Decision INTRODUCTION On July 25, 2024, the Ontario Court of Appeal released the decision of Hasan v. Trillium Health Centre (Mississauga), 2024 ONCA 586. This decision provides clear guidance on the proper approach to causation when the defendant’s negligence creates an evidentiary gap. FACTS The respondent, Syed Hasan, suffered from a stroke at the age of 40. He initially went to the emergency department …
This case serves as a refresher from the Ontario Court of Appeal on what constitutes adequate reasons and the implications of discharging a jury without them. As occurred here, a new trial may be ordered where it is not inevitable that the jury would arrive at the same conclusion as the trial judge did.
This is a rare addition to the relatively scant amount of case law regarding simplified procedure. The decision involves a motor vehicle collision claim and contains procedural guidance on the use of joint document briefs, agreements on the use of the documents in said brief, CaseLines and how expert evidence is called at a simplified procedure trial.
This decision provides a helpful overview of the settlement approval process and the factors that judges take into consideration when evaluating proposed settlements.
The court outlines the legal test that must be met before counsel can obtain disclosure of the communications between counsel and their experts.
