In January 2015, the Court of Appeal released its highly-anticipated decision in Moore v. Getahun. The case was a medical malpractice action that occasioned great interest from the civil litigation
The Supreme Court of Canada’s intention in Hryniak v. Mauldin was to sow the seeds of a “culture shift” in the approach to summary judgment in Ontario, and to litigation in Canada.
The Supreme Court of Canada’s recent decision in Clements v. Clements’ (1) can be described, with a pinch of poetic licence, as part requiem, part resurrection. The requiem is for
This paper aims to answer one question: what does waiver of tort allow a plaintiff to recover? While the approach outlined in this paper is not settled law (there is
Perspectives on being a first-year lawyer from Shantona Chaudhury. Although Paul J. Pape is unlike many lawyers, most – if not quite all – Shantona’s words of wisdom will be
In a January 2010 decision, Rosenhek v. Windsor Regional Hospital, 2010 ONCA 13 (“Rosenhek”), the Ontario Court of Appeal upheld a trial decision awarding over 3 million dollars to a