Medical Malpractice – Rogers Partners LLP

No Expert Report, No Genuine Issue Requiring a Trial: Expert Reports Needed in Medical Malpractice Actions

rpllpadmin — Wed, 17 Dec 2025 23:42:26 +0000

By: Sebastian di Domenico In Chapin v. Baboolal et al, 2025 ONSC 5217, Justice R.A. Lepere agreed to grant a summary judgment motion brought by the defendants because the plaintiffs failed to provide an expert report to support their action, so there was no genuine issue requiring a trial. The decision reinforces the notion that […]

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Expert Knows Best – The Role of Expert Evidence in Medical Malpractice

rpllpadmin — Wed, 25 Sep 2024 17:57:49 +0000

By Elizabeth Branopolski In the recent decision of Abdul-Hussein v. Zabel, 2024 ONSC 4035, the Ontario Superior Court of Justice reiterated the important role expert evidence plays in medical malpractice claims. Background The self-represented plaintiff, Ms. Abdul-Hussein, consulted with the defendant, ophthalmologist Dr. Werner Zabel, for a cataract surgery consultation. The defendant recommended that the […]

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When Are the Reasons Provided by a Judge Insufficient?

rpllpadmin — Thu, 15 Aug 2024 13:42:44 +0000

By Sebastian di Domenico In Willick v. Willard, 2023 ONCA 792, the Ontario Court of Appeal dismissed the appeal of the plaintiffs who argued, among other things, that the trial judge erred in law by failing to provide sufficient reasons. This was a complex medical malpractice case. On March 10, 2014, Brian Willick had fallen […]

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Fridays with Rogers Partners

rpllpadmin — Mon, 05 Aug 2024 22:45:59 +0000

At our weekly meeting, Jaaron Pullenayegem discussed the recent decision of the Ontario Court of Appeal in Hasan v. Trillium Health Centre (Mississauga), 2024 ONCA 586, dismissing a doctor’s appeal in a medical malpractice case, and upholding the trial judge’s conclusions. Overview The plaintiff, Mr. Hasan, suffered a stroke and was treated by Dr. Campbell […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 09 Jun 2023 22:12:00 +0000

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: […]

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Standard of Care and Causation in Medical Malpractice Class Actions

rpllpadmin — Wed, 08 Feb 2023 22:05:19 +0000

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 […]

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Medical Negligence, Misnomer, and Discoverability

rpllpadmin — Wed, 23 Mar 2022 21:50:26 +0000

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. […]

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Court Orders Genetic Testing of Plaintiffs in Medical Malpractice Action

rpllpadmin — Thu, 14 Oct 2021 12:33:00 +0000

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. […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 01 Oct 2021 11:24:18 +0000

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 […]

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Court of Appeal Upholds Dismissal of Wrongful Life Claim

rpllpadmin — Thu, 12 Aug 2021 09:18:17 +0000

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 […]

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