Cross-Examining the Defence Expert at the OBA Anatomy of a Trial
How to cross-examine the defence expert and advance your case theory. From the 2024 OBA Anatomy of a Trial continuing professional development program.
June 13, 2024
Articles Tagged
Civil Procedure
Implementation notes: Causation in Claims of “Systemic” Medical Negligence: Levac v James
Composite card pairing the Medico-Legal Society of Toronto crest with the title Causation in Systemic Medical Negligence, on Paul Cahill’s navy brand panel.
May 2, 2024
From Start to Finish: How to Ensure Your Expert is Permitted to Testify at Trial
Paul Cahill’s Winter 2023/2024 Litigator article on finding the right expert, navigating Westerhof and the Mohan/White Burgess framework, and surviving defence challenges to expert evidence at trial.
January 15, 2024
2023 in Review: Self-Represented Litigants in Medical Malpractice
Three 2023 decisions from Alberta, Ontario, and Newfoundland show why self-represented plaintiffs almost never succeed in medical malpractice litigation.
December 28, 2023
Bad Doctor or Bad Genes? Genetic Defences in Medical Malpractice
When can a defendant compel genetic testing in a medical malpractice claim? An analysis of Klinck v Dorsay and Preece v Nicholson from a 2023 OTLA paper.
October 27, 2023
Salamaszynski v Michael Garron Hospital: Litigation Privilege Holds Despite a Late-Emerging Recollection
A plaintiffs’ motion to pierce litigation privilege over expert communications fails despite real credibility concerns about a defendant doctor’s evidence.
February 25, 2023
Tales from the Trenches: Two Medical Malpractice Trials in 2022
Reflections on two medical malpractice trials in post-COVID Ontario, one jury and one judge-alone. From Gluckstein’s 2022 Risky Business CLE.
November 29, 2022
Literature, Medicine and the Law at a Medical Malpractice Trial
Where literature, medicine, and the law intersect at a medical malpractice trial in Ontario. From a 2022 OTLA medical malpractice conference panel.
September 23, 2022
Getting Past the Gatekeeper: Expert Evidence at Trial
How Ontario judges gatekeep expert opinion evidence, and what plaintiff counsel can do to clear that bar. From a 2021 MLST panel.
May 19, 2021
Self-Represented Litigants in Girao v Cunningham: Commentary in Law Times
Paul Cahill on Girao v Cunningham, s. 52 of the Evidence Act, and trial fairness for self-represented litigants. From a May 2020 Law Times feature.
May 11, 2020
Pros and Cons of Juries in Medical Malpractice Lawsuits
Paul Cahill’s June 2019 Lawyer’s Daily article on when to ask for a jury in Ontario medical malpractice cases, drawing on his trial experience and the law on jury notices and appellate deference.
June 18, 2019
Finding the Right Expert in a Medical Malpractice Case
Why expert selection drives outcomes in Ontario medical malpractice cases. Paul Cahill on finding the right expert from an OTLA webinar.
October 23, 2018
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