This decision concerns a threshold motion following final instructions to the jury for an order striking the plaintiff’s claim for general damages on the basis that she failed to prove she suffered permanent and serious impairment of an important physical, mental or psychological function pursuant to s. 267.5 of the Insurance Act, R.S.O. 1990 Chapter I.8, as amended, including Ontario Regulation 381/03, made therunder. The motion was defeated.
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Nikolakakos v. Hoque, 2015 ONSC 4738 (CanLII)
Letter of instruction to defence medical/legal expert not ordered produced until defendant decides to call that expert at trial.
Medical Negligence: It’s Never an Open and Shut Case
When a person has suffered because of an obvious error by a health care professional, the comment often said to me is, “It’s an open and shut case.” When it comes to medical negligence litigation, there is no such thing. A medical negligence lawsuit is different from other personal injury cases in at least one critical way; the plaintiff is often already unwell before the …
Top Five Highlights from Westerhof v. Gee Estate
On March 26, 2015, the Ontario Court of Appeal released its decision in Westerhof v. Gee Estate 2015 ONCA 206. Heard at the same time as the recently-released Moore v. Getahun, Westerhof has been championed by members of the Plaintiffs’ bar as a “big win for common sense” in the area of non-expert opinion evidence. As was the case with Getahun, Westerhof also attracted a …
