Blog & Latest News

August 31, 2016

Eight Year Old Girl Falls During Hide-And-Seek, Parents Sue United Church

Suing a church? A case of lawsuits run amuck? Before leaping to conclusions, consider a few facts. The game of hide-and-seek was supervised at an afterschool program provided by the United Church in the church hall.  The lights in the hall were turned out to add excitement to the game.  Approximately […]
August 31, 2016

Does A Physician Have To Be Competent?

Surprisingly enough, the answer to the question posed by the title is no, a physician does not owe a private law duty under Canadian law to be competent and to maintain competence. Lawyers and judges are deeply ingrained in the tradition of conceptualizing medical negligence in terms of breach of […]
August 31, 2016

The Medical Examiner And Your Injury Claim

If an injury claim is large enough and complicated enough, eventually the insurer will require an “independent medical examination”. Injured people and their lawyers recognize this for what it is: a defence medical examination. The Rules of Court give a doctor hired by the insurance company the right to interview the accident […]
August 31, 2016

Defence Double-Dipping In Medical Malpractice Cases

It is well known that the burden of proof in civil cases, which include personal injury and medical malpractice cases, is a balance of probabilities. This is usually understood to mean a 51% or greater probability. This can be a difficult burden for injured folks to meet, particularly in medical malpractice. […]
August 31, 2016

Injury Awards In Tens Of Millions: Routine In Canada?

I pointed out in an earlier blog that personal injury damages awards, at least in Ontario, have been pushing toward the 20 million mark. Several other cases in the last few years confirm that courts in Ontario are prepared to make these extremely large awards, where the injury is catastrophic and […]