Instructive Cases

Instructive Cases

Dixon et al. v. Barwin

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.

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Cheung v. Samra

Cheung v. Samra

In a historic decision, the Ontario Court of Appeal awarded over $14 million to plaintiffs, respecting the jury’s verdict.

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Kern v. Forest

Kern v. Forest

A case in British Columbia demonstrates how informed consent is considered when assessing alleged medical malpractice by chiropractors.

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McArdle, Estate v. Cox

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.

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Denman v. Radovanovic

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.

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Lapointe v. Hôpital Le Gardeur

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.

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White Burgess v. Abbott

White Burgess v. Abbott

An important case where the Supreme Court of Canada established guidelines for the admissibility of expert evidence in civil cases.

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Hanson-Tasker v. Ewart 2022 BCSC 432

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.

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Reibl v. Hughes, 1980 CanLII 23

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.

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Levac v. James, 2023 ONCA 73

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. 

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Ter Neuzen v. Korn, [1995] 3 S.C.R. 674

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.

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