Personal Injury Lawyers
May 24, 2018
Recently, we discussed the concept of the duty of care in the context of medical malpractice claims. This is also an element of other negligence claims, and a recent Supreme Court of Canada decision has clarified the legal test to determine whether a duty of care exists. The duty of care in negligence Generally speaking, […]
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May 17, 2018
The Court of Appeal has rejected a man’s attempt to overturn a lower court’s decision that found in favour of his life insurance provider that had mistakenly showed a paid up value of $13.4 million for his policy. Alguire v. The Manufacturer’s Life Insurance Company The plaintiff in this claim had purchased a guaranteed renewable […]
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May 10, 2018
In a previous post, we explained documentary discovery in a lawsuit, and how every party to the action must disclose every document or record in their possession or control that may be relevant to the proceedings. Documentary disclosure and medical negligence claims In any personal injury claim, one of the central issues is what injuries […]
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May 3, 2018
Continuing our series about medical negligence, this post looks at the doctrine of “informed consent” as it relates to health care providers. If a medical professional undertakes any procedure or course of treatment without obtaining informed consent from their patients, they may be liable for certain negative outcomes, even if the procedure is performed properly […]
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April 26, 2018
The last post in our series about the essential elements of a medical malpractice claim is about causation. In any personal injury claim against a doctor, dentist or other medical professional, there are four key elements that the plaintiff must prove in order to succeed. These are: The doctor, dentist or health care provider owed […]
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April 20, 2018
As discussed in our previous posts about the duty of care and standard of care, to win your medical malpractice claim, you need to prove: That the doctor, dentist or health care provider owed you a duty of care; The services or treatment provided fell below the applicable standard of care; You suffered a compensable […]
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April 13, 2018
This is part two of a series about the legal elements in a medical malpractice or dental negligence claim. Part one about the duty of care owed to patients by doctors and dentists can be found here. In order to succeed in a medical malpractice or dental negligence lawsuit plaintiffs must prove: The doctor, dentist […]
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April 4, 2018
In previous posts, we have briefly discussed medical malpractice and dental negligence claims. In this series, we will look at the essential parts of a personal injury claim against a doctor, dentist or other health care professional. There are four key elements that a plaintiff must prove in order to succeed in a medical malpractice […]
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March 23, 2018
Last week, we explained how it can be challenging to bring a lawsuit in a foreign country if you are injured while traveling abroad. This post looks at some of the ways that travelers can make it more likely that a case will be heard in a Canadian jurisdiction, which can assist them in the […]
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March 16, 2018
This time of year, millions of Canadians book package vacations to escape the winter weather. Unfortunately, a small number of these travelers may be seriously injured while they are visiting a foreign hotel or resort, or engaged in an activity while they are on vacation. If this injury was the result of negligence, obtaining compensation […]
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