Adequacy of Reasons

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Penate v Martoglio: A Discharged Jury, Inadequate Reasons, and a New Trial

The Court of Appeal ordered a new trial after a trial judge discharged the jury on her own motion and dismissed the malpractice claim with reasons 90% copied from the defence.

March 8, 2024

Case comment on Willick v Willard, 2023 ONCA 792, on a malpractice trial loss affirmed on appeal with a Court of Appeal observation about the dignity owed to the losing party. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Willick v Willard: An Appeal Dismissed With a Note on Trial Reasons

The Court of Appeal for Ontario affirmed a malpractice trial loss but observed that the trial reasons had not treated the appellants’ claim with appropriate dignity.

December 6, 2023

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Adequacy of Reasons

Penate v Martoglio: A Discharged Jury, Inadequate Reasons, and a New Trial

Willick v Willard: An Appeal Dismissed With a Note on Trial Reasons

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Concerned about medical negligence? Talk to Paul directly.

Concerned about medical negligence?
Talk to Paul directly.