Blog

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 […]
August 31, 2016

The Real Reason The Titanic Sank

Most people could give a pretty good answer to the question, what sank the Titanic? Warned numerous times that he was steaming into a dangerous ice field, Titanic’s captain took no special precautions, stayed his course at nearly top speed, and retired to his stateroom. And at 11:40 PM on […]