In this case, the Ontario Court of Appeal reversed the motion judge’s dismissal of the Plaintiffs’ medical negligence claims…
Beaudoin Estate v. Campbellford Memorial Hospital, 2021 ONCA 57
medical malpractice Tag Archives
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.
Boone v. O’Kelly, 2020 ONSC 6932
In this case, the defence expert’s evidence was excluded entirely. The evidence was biased and unreliable from the beginning and was, therefore, inadmissible…
Woods v. Jackiewicz, 2020 ONCA 458 (CanLII)
In this case, the respondent was 27 weeks pregnant with twins when she saw the appellant for an unscheduled appointment, complaining of severe abdominal pain and excessive weight gain. The appellant sent her home to rest. 2 days later, twins were delivered by emergency C-section, and as a result of the birth, one of the twins sustained brain damage due to Twin-to-Twin Transfusion Syndrome.
