Instructive Cases
Instructive Cases
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.