Can a statement of claim be adjusted to add a defendant to the action more than two years after the events giving rise to the claim occurs?
medical malpractice Tag Archives
Farej v Fellows, 2022 ONCA 254
This decision is important for its insights on causation in the context of tortious and innocent causes of an injury.
Beaudoin Estate v. Campbellford Memorial Hospital, 2021 ONCA 57
In this case, the Ontario Court of Appeal reversed the motion judge’s dismissal of the Plaintiffs’ medical negligence claims…
Champoux v. Jefremova and Khodabandehloo, 2021 ONCA 92
In this case, the Court of Appeal found that the trial judge’s reasons for dismissing the claim were insufficient, did not permit proper appellate review and sent the matter back for retrial. The Court of Appeal also gave important reasons on the defendant’s attempt to withdrawal an admission made in a Request to Admit.
Marshall et al v. Jackson et al
In this case, the discovery principles with respect to medical malpractice cases apply equally to solicitor’s negligence cases. Master Sugunasiri’s endorsement addresses a refusals motion brought within the context of a solicitor’s negligence case. The plaintiffs alleged, inter alia, that the defendant solicitor negligently drafted a will for an elderly testator who was incompetent and subjected to undue influence.
Armstrong v. Ward, 2021 SCC 1
In this case, the Plaintiff appealed the majority decision of the Ontario Court of Appeal and was granted leave in May 2020. The case was argued before the Supreme Court of Canada (SCC) on January 18, 2021. The SCC released their decision from the bench on the day of argument, siding with the plaintiff and adopting the dissenting reasons of Justice van Rensburg.
