Full Decision In October 2013, the 27-year-old patient attended the emergency department at the Sault Area Hospital by ambulance and was treated by the defendant emergency physician. The working diagnosis was intoxication and the patient was discharged home. The following morning, the patient reported feeling fine to her parents. When her parents returned home from work, they found her in a significantly worse condition and …
Full Decision Background In Pye v. Di Trapani et. el., 2024 ONSC 2265, the plaintiff was awarded one million dollars in a personal injury action. Notably, the amount awarded by the jury exceeded both the plaintiff’s and the defendant’s offers to settle. In this decision, Skarica J. outlined the legal principles regarding costs, offers to settle, pre- and post-judgment interest and indemnity. Held Total costs …
Full Decision Background: The plaintiff, Ms. Sheikhbaghermohajer, was injured in a rear-end collision on October 6, 2014. At the conclusion of trial and accounting for the appropriate deductions and pre-judgment interest, the plaintiff was awarded a total of $469,774.85. The plaintiff sought her legal fees on a partial indemnity basis which was $401,560.23 plus HST. She sought her disbursements which were $139,334.26 plus HST. The …
Full Decision This Ottawa summary judgment decision again highlights that lack of expert evidence may be fatal to a medical malpractice case. Ms. Abdul-Hussein, the self-represented plaintiff in this matter, sued Dr. Werner Zabel, an ophthalmologist. Ms. Abdul-Hussein alleged he had performed a cataract surgery and laser capsulotomy negligently and failed to obtain her informed consent. She framed her claim as one of battery and …
Full Decision This case reinforces the stringent threshold for dismissing a claim via a summary judgment motion, emphasizing that the Court rigorously evaluates whether there is a genuine issue warranting a trial based on the strength of the evidence presented in the motion materials. Particularly in cases involving unidentified drivers, this decision highlights the critical role of medical evidence in successfully contesting a motion for …
Full Decision On November 21, 2023, the plaintiffs brought a motion for an order striking the statement of defence due to the defendant’s failure to serve a sworn and complete affidavit of documents and to attend examination for discovery. Alternatively, the plaintiffs sought an order compelling the delivery of the affidavit of documents and the defendant’s attendance for examination. The defendant brought a cross-motion for …
