September 25, 2024
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 […]
September 18, 2024
By Eli Feldman Introduction On September 9, 2024, for reasons set out in Auguste v. Ottawa Police Services et al., 2024 ONSC 4956, the Ontario Superior Court of Justice dismissed the claims of Cheryl Auguste and her three children (collectively, the “plaintiffs”) pursuant to r. 2.1.01 of the Rules of Civil Procedure (the “Rules”), which […]
September 11, 2024
By Cameron Allan It is not unusual for individuals embroiled in legal proceedings to express concerns about the personal and private information divulged in evidence and put into public record during the litigation process. Privacy and security are important to many of us, after all. As a result, litigants may seek sealing orders from the […]
September 04, 2024
By Antoinette Monardo In Little v. Bramcan Investments Limited, 2024 ONSC 1485, the plaintiff was an undischarged bankrupt at the time the action was commenced. The Ontario Superior Court of Justice determined that the action not being brought in the name of the trustee in bankruptcy was not a simple misnomer that could be corrected […]
August 15, 2024
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 […]
August 07, 2024
By Megan Chan The new Rule 6.1.01(1) of the Ontario Rules of Civil Procedure came into effect on July 1, 2024. This new Rule was considered in LaPointe v. Simcoe Muskoka Catholic District School Board, 2024 ONSC 4040. The action involved personal injuries suffered by Hudson LaPointe while playing in a school softball tournament. The […]
