Instructive Cases
Instructive Cases
Dixon et al. v. Barwin
One fertility doctor becomes infamous after using his own sperm to artificially inseminate unsuspecting patients in a number of cases.
Cheung v. Samra
In a historic decision, the Ontario Court of Appeal awarded over $14 million to plaintiffs, respecting the jury’s verdict.
Kern v. Forest
A case in British Columbia demonstrates how informed consent is considered when assessing alleged medical malpractice by chiropractors.
McArdle, Estate v. Cox
A patient passed away from a stroke following surgery and the family of the patient appealed the trial judge’s decision to dismiss the case.
Denman v. Radovanovic
A plaintiff claims that a neurosurgeon, neuroradiologist, and diagnostic radiologist did not get informed permission before performing treatments that caused a brain hemorrhage and serious long-term deficits.
March v. Hyndman
Nova Scotia Court of Appeal orders new trial due to flawed jury instructions.
Anderson v. Queen Elizabeth II Health Sciences Centre
Two doctors are alleged to have caused one woman’s stroke, creating an important precedent on causation and informed consent.
Lapointe v. Hôpital Le Gardeur
A case brought before the Supreme Court demonstrates how physicians should only be assessed according to the information that was available to them at the time of the potential negligence.
Pinch (Guardian ad litem of) v. Morwood
The defendants’ appeal to overturn the trial judgment, which held them responsible for shortcomings in prenatal maternal monitoring, was unsuccessful.
White Burgess v. Abbott
An important case where the Supreme Court of Canada established guidelines for the admissibility of expert evidence in civil cases.
Hanson-Tasker v. Ewart 2022 BCSC 432
Doctors are found negligent but the Supreme Court of Canada dismissed the case due to the plaintiff’s inability to prove that the injuries were primarily caused by the negligence.
Reibl v. Hughes, 1980 CanLII 23
The Supreme Court of Canada’s decision in Reibl v. Hughes held that a plaintiff must be properly informed of the risks of a medical procedure before giving consent.
Levac v. James, 2023 ONCA 73
A Case brought before the Ontario Court of Appeal demonstrates how issues of causation and standard of care are handled in class action medical malpractice cases.
Ter Neuzen v. Korn, [1995] 3 S.C.R. 674
In this important case, the Supreme Court of Canada held that a specialist owes a duty to conduct their practice to the same standard as a prudent and diligent doctor in the same circumstances.
Clements v. Clements 2012 SCC 32 (CanLII), [2012] 2 SCR 181
A case brought before the Supreme Court of Canada demonstrates the possibility of successfully using the “but for” test to prove causation.
Sylvester v. Crits et al., 1956 CanLII 29 (SCC), [1956] SCR 991
This leading case defines a reasonable physician’s standard of care.
Armstrong v. Ward, 2021 SCC 1
The Supreme Court of Canada further clarifies a patient’s burden of proof in a medical malpractice case.
Fortune-Ozoike v. Wal-Mart Canada Corp., 2023 ONSC 421
Determining Causation & Standard of Care in a medical malpractice case.
Parliament v. Conley, 2021 ONCA 261
How obtaining a proper impartial expert witness can make or break a medical malpractice case.