In this case, the Court of Appeal for Ontario issued an important warning about the importance of responding to production orders in a timely manner…
McLean v. Wolfson, 2021 ONCA 928
MedMal Tag Archives
Musllam v. Hamilton General Hospital, 2021 ONSC 91 (CanLII)
The plaintiff brought a contested motion to amend the Statement of Claim to add particulars to the facts that have already been pled, and add two additional defendants. The existing defendant physician also brought a cross-motion to have the action dismissed asserting no genuine cause of action and delay…
Hacopian-Armen Estate v. Mahmoud, 2021 ONCA 545
In this case, the plaintiff died in 2011 of stage IV uterine leiomyosarcoma (“uLMS”), which had metastasized to her lungs. The allegation at the centre of the lawsuit was that her gynecologist failed to perform a routine endometrial biopsy in 2009 and that, if he had, her cancer would have been detected at an early stage such that her death could have been avoided through proper treatment…
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.
Henry v. Zaitlen, 2021 ONSC 456
The Ontario Superior Court in Toronto recently dismissed the defendant’s motion to strike the jury notice in Henry v. Zaitlen 2021 ONSC 456, days after the Ontario Court of Appeal’s decision in Louis v. Poitras, 2021 ONCA 49…
