Limitations Act

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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.

February 27, 2024

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.

February 6, 2024

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Limitations Act

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

Bendah v Fleming: When an Amniotic Fluid Embolism Defeats Causation

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Concerned about medical negligence? Talk to Paul directly.

Concerned about medical negligence?
Talk to Paul directly.