In this case, the Plaintiff had undergone a jaw surgery in 2004, and alleged that the surgery was performed negligently and without her consent. She commenced a personal injury action in relation to this procedure in February 2020. The Defendants brought a Motion for Summary Judgment seeking to dismiss the proceeding on the basis that it was not issued within the time periods as prescribed by the Limitations Act.
When children get injured and bring a lawsuit, their parent can often be named as a defendant on the basis that the parent failed to properly supervise the child. The parent can be sued by the injured child directly, or named as a defendant in a counterclaim or third party claim…
In a recent Ontario Superior Court decision, Boustany v. Singh, Justice Gibson explored the initial duty of care element in the law of negligence within the context of a Rule 21.01(1) motion…
In this case, the Ontario Court of Appeal reversed the motion judge’s dismissal of the Plaintiffs’ medical negligence claims…
The care received by residents in nursing homes has been a public policy concern that has been percolating for some time. As we all adjust our personal and professional lives in response to the COVID-19 pandemic, the media reports continued outbreaks and deaths amongst seniors – primarily in long-term care homes.
In a 5-4 decision, the Supreme Court of Canada held that a trial judge is not required by law to draw an adverse inference against physicians whose negligence makes it impossible to prove causation and where the plaintiff adduces at least some evidence of causation. Trial judges are permitted to draw such inferences, but are not required to do so.
