Case Comments

Case comments analyze decisions of the Ontario Superior Court of Justice, the Court of Appeal for Ontario, and other Canadian courts in medical malpractice litigation. Each post takes a single decision and works through what happened, how the court applied the standard of care, causation, and damages frameworks to the facts, what the expert evidence said, and what the practical implications are for similar future claims.

The archive covers Ontario civil decisions across the full range of medical malpractice practice: obstetric and birth injury cases, missed and delayed diagnoses, surgical and anaesthetic errors, hospital negligence, informed consent claims, and procedural matters such as limitation periods and expert evidence challenges. It also includes appellate decisions from outside Ontario where the reasoning is likely to be persuasive in Ontario courts, particularly from the Supreme Court of Canada and the appellate courts of British Columbia.

Case comments are written for two audiences. Practising lawyers, law students, and judicial researchers can use them as a working library of recent Ontario medical malpractice doctrine. Prospective clients and patients can use them to see how courts have approached fact patterns similar to their own. The substance is the same for both audiences; only the framing of the takeaway changes.

Posts in this category are organized by the tags applied to each comment, allowing readers to filter by clinical specialty, legal concept, court, or outcome.