Ontario Medical Malpractice Insights | Paul Cahill

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Plain-language insight on medical malpractice law in Ontario. Practical guidance, case analysis, and updates from a trial-focused practice. No legal jargon. No marketing fluff. Just what you need to know.

Articles on this site are for general information only and do not constitute legal advice. Reading articles does not create a lawyer-client relationship.

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Case comment on Tookenay v O'Mahony Estate, 2024 ONSC 709, on Rule 14.08 service extensions and the Chiarelli v Wiens prejudice framework. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Tookenay v O’Mahony Estate: When Late Service Defeats a Medical Malpractice Claim

A motion to extend the time for service of a malpractice claim was denied. Two key defence witnesses had died or become incapacitated during the delay.

Case comment on CPSO v Trozzi, 2024 ONPSDT 2, and CPSO v Luchkiw, 2024 ONPSDT 4, on the penalty phase of COVID-19 physician discipline including the ungovernable doctrine. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

CPSO v Trozzi and Luchkiw: The Penalty Phase of COVID-19 Discipline

The OPSDT released two penalty decisions in January 2024 in COVID-19 misinformation cases. One physician received a six-month suspension. The other was found ungovernable and had his licence revoked.

Case comment on Bendah v Fleming, 2024 ONSC 624, on anesthesiology SOC breach without causation in a case where an amniotic fluid embolism caused catastrophic maternal injury. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Bendah v Fleming: When an Amniotic Fluid Embolism Defeats Causation

A young mother left in a permanent vegetative state after C-section. The court found anesthesiology negligence but accepted that an amniotic fluid embolism was the unavoidable cause.

Case comment on Thorburn v Grimshaw, 2024 NSSC 15, on summary judgment in an informed consent case applying the Reibl v Hughes battery/negligence distinction. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Thorburn v Grimshaw: Summary Judgment in an Informed Consent Case

A self-represented plaintiff’s negligence and informed consent claims against an OBGYN were dismissed on summary judgment for lack of expert evidence.

Case comment on Dumesnil v Jacob, 2024 MBCA 4, on the specialist standard of care when a general surgeon performs orthopedic trauma surgery. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Dumesnil v Jacob: When a General Surgeon Must Meet the Specialist Standard

The Manitoba Court of Appeal ordered a new trial after a general surgeon was held to too low a standard for orthopedic trauma surgery, and after the trial judge relied on an undisclosed journal article.

Case comment card for McLean v. Valadka, 2023 ONSC 6803, an Ontario Superior Court of Justice decision dismissing an informed consent claim arising from a stroke suffered by a young woman after taking the Yaz combined oral contraceptive prescribed by her family physician. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

McLean v Valadka: Informed Consent, Cryptogenic Stroke, and the Modified Objective Test

On December 1, 2023, the Ontario Superior Court of Justice dismissed a medical malpractice lawsuit brought by a young woman who suffered a stroke after taking birth control medication provided by her family physician who allegedly failed to advise her of the increased risk of stroke associated with that particular brand of birth control pill (Yaz).