A good refresher on the test for Gross Negligence
negligence Tag Archives
Lennox v Burns, 2016 ONSC 2993 (CanLII)
This was a medical negligence claim against a general surgeon following a Hartmann’s procedure and colostomy reversal. Failure to secure informed consent, and failure of surgical and post-operative standard of care were at issue.
New Laws Likely Insufficient in Preventing Pedestrian Deaths
As the summer season approaches, increasing numbers of pedestrians and cyclists will make their way outside to enjoy the beautiful weather. Unfortunately, Toronto Police Service safety statistics are not on the side of pedestrians; fatality numbers continue to rise despite new provincial laws to enhance road safety. This data revealed that on average, a pedestrian in Toronto dies every 10 days. There has been a …
Lauesen v. Silverman, 2016 ONCA 327
The Ontario Court of Appeal held that a solicitor’s negligence claim based on improvident settlement in a personal injury action was not discoverable until new counsel advised the plaintiff of it after obtaining an expert medical-legal opinion.
Clarke v. Faust, 2016 ONCA 223 (CanLII)
Solicitor’s Negligence Action not statute barred as a result of discoverability.
Gardiner v. MacDonald, 2016 ONSC 602
This case affirms that liability in motor vehicle accidents is not clear-cut, even in cases where the right of way is undisputed. In apportioning liability for an accident, the court will assess the reasonableness of each driver’s actions in the circumstances. Professional drivers will be held to a higher standard of care than ordinary drivers in similar situations.