Defendant Win

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Case comment on Noel v Hawrylyshyn, 2024 ONSC 4525, on the battery vs informed consent doctrinal distinction, the Reibl v Hughes modified objective test as a defence framework, the operative urgency framework in informed consent analysis, and multi-ground defence dismissal in obstetric malpractice. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Noel v Hawrylyshyn: Battery, Informed Consent, and Urgent Operative Delivery

A 17-day birth injury trial. Battery, informed consent, five negligence allegations, and causation all addressed and rejected. A multi-ground defence dismissal.

August 26, 2024

Case comment on Rogerson v Grey Bruce Regional Health Centre, 2024 ONCA 303, on the mandatory reporting framework under section 72 of the Child and Family Services Act (now section 125 of the Child, Youth and Family Services Act, 2017), the multi-step causation chain in failure-to-report cases, and the Housen v Nikolaisen standard of appellate review. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Rogerson v Grey Bruce: Mandatory Reporting and the Causation Chain

The Court of Appeal affirmed the dismissal of a medical negligence claim alleging failure to report child protection concerns. The causation chain failed at multiple links.

July 3, 2024

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Defendant Win

Noel v Hawrylyshyn: Battery, Informed Consent, and Urgent Operative Delivery

Rogerson v Grey Bruce: Mandatory Reporting and the Causation Chain

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Concerned about medical negligence? Talk to Paul directly.

Concerned about medical negligence?
Talk to Paul directly.