June 09, 2023
At our weekly meeting, Katrina Taibi discussed the recent decision of the Ontario Court of Appeal in Bothwell v. London Health Sciences Centre, 2023 ONCA 323. Overview: The Court of Appeal considered the test for a compensable psychological injury and whether feelings of shock, frustration, and anger meet this test. Background Facts and Legislative History: […]
February 08, 2023
By Erin Crochetière In Levac v. James,[1] the Court of Appeal for Ontario considered an appeal regarding the standard of care and causation in a class action alleging breach of applicable Infection Prevention and Control (“IPAC”) best practices causing infection. In the underlying class action, the plaintiffs alleged that the defendant, Dr. James, caused the […]
March 23, 2022
By Erin Crochetiere The action in Spry v. Southlake Regional Health Centre et al., 2022 ONSC 1783 involved a claim for medical negligence following the plaintiff’s attendance at the emergency room at Southlake Regional Health Centre (“Southlake”) on February 16, 2018. The plaintiff commenced an action against Southlake, Peter Ko, a physician’s assistant, and Dr. […]
October 14, 2021
By Kayley Richardson Anita Varjacic of Rogers Partners LLP recently successfully brought a motion to compel the plaintiffs to undergo genetic testing. The decision in Klinck v. Dorsay, 2021 ONSC 6285, is the first time in Ontario that a court has ordered genetic testing as part of a medical examination in a medical malpractice action. […]
October 01, 2021
At our weekly meeting, Annie Levanaj discussed the recent decision in Bédard v. Pye et al., 2021 ONSC 6379, granting a motion to dismiss an action for damages allegedly resulting from medical malpractice. There had been a prior decision in the action by the same judge on a motion for summary judgment under Rule 20 […]
August 12, 2021
In a previous article, we discussed a decision in which the motion judge dismissed a “wrongful life” claim. A wrongful life claim is a claim asserted by a child for a pregnancy that results in birth defects, where the child argues that, but for the negligence of the doctor, the child would not have been […]
