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The Court of Appeal held that an order adding parties did not finally dispose of a limitations defence, so the appeal was interlocutory and was quashed.
Where an expert report has been properly filed with the court and qualifications and admissibility are not contested, another party may lead that filed expert report as part of its case in chief; the filed expert report stands as the expert's direct testimony subject to the court's gatekeeping and to cross‑examination by parties who gave notice. The plaintiff may therefore introduce the McKeen Report despite not being the filing party. Because the report can be admitted and the expert made available for cross‑examination, the statutory necessity test for an interprovincial subpoena under s.7…
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The Ontario Court of Appeal upheld the refusal to approve a contingency fee agreement, finding it was not entered into fairly given regulatory non-compliance and the client’s vulnerability.
The Ontario Court of Appeal dismissed an appeal in a medical malpractice case, upholding findings that an emergency physician breached the standard of care and caused the patient’s death.
Appeal dismissed from summary dismissal of medical malpractice claims. The Court held the appellant needed her own expert evidence, and the fresh evidence would not change the result.
Application to renew an expired notice of civil claim was dismissed, and an alternative joinder application was also refused, after repeated counsel errors and presumed prejudice.
The Ontario Court of Appeal allowed an appeal from a motion to strike in a negligence action against psychiatrists, holding the treatment-based duty-of-care claim was arguable.
The court granted summary dismissal of a medical malpractice and fraud claim, finding no admissible expert evidence, no basis for conspiracy, and valid consent to surgery.
The court dismissed a medical negligence claim, finding the emergency physician met the standard of care and, alternatively, that any breach did not cause the later hemorrhage.
The court found an emergency physician breached the standard of care by not following up a radiology report, causing delayed diagnosis and mental injury, with damages reduced for contributory negligence.
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