UPDATE: The SCC ruled on this case from the bench, allowing the appeal for the reasons of Justice van Rensburg at the Ontario Court of Appeal. How does a patient who suffered an unforeseen injury during surgery prove that their surgeon was negligent? Can the injury itself provide circumstantial evidence that the standard of care […]
On October 5, 2017, the ONCA released its decision (2017 ONCA 773) on an appeal for a negligence claim made by Jordan Sacks, a man who suffered septic shock and amputations as a result of complications from bowel surgery performed at Sunnybrook Hospital. Although the jury found that the hospital, three of its doctors, and […]
In an era where the bench and society recognize that judges are hard-pressed for time and resources, and given Chief Justice McLachlin’s repeated calls for increased access to justice, the Supreme Court of Canada’s unanimous decision in Cojocaru (Guardian ad litem of) v. British Columbia Women's Hospital & Health Center, 2013 SCC 30, is hardly […]