Luke Kilroy

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.

Hasan v. Trillium Health Centre (Mississauga), 2024 ONCA 586

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 …

Penate v. Martoglio, 2024 ONCA 166 (CanLII)

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.

Ingratta v. McDonald, 2024 ONSC 371 (CanLII)

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.

Blackburn et al v. Ardalani et al, 2022 ONSC 5840

This decision provides a helpful overview of the settlement approval process and the factors that judges take into consideration when evaluating proposed settlements.

Salamaszynski v. Michael Garron Hospital, 2023 ONSC 704

Hemmings v. Peng, 2023 ONSC 66

The following reasons for decision on costs was released by Justice G. Dow on January 4, 2023. The decision is noteworthy given the significant quantum of costs and disbursements awarded to the plaintiffs and the discussion about Sanderson Orders.