Palpable and Overriding Error

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Case comment on Focken v Miller, 2024 BCCA 74, on expert evidence, the foreseeable risk argument, and the judicial humility doctrine in BC malpractice practice. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Focken v Miller: Expert Evidence and the Foreseeable Risk Argument

A widow’s appeal in a death after delayed embolization for a lingual artery pseudoaneurysm. The BC Court of Appeal affirmed dismissal on the standard of care.

March 26, 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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Palpable and Overriding Error

Focken v Miller: Expert Evidence and the Foreseeable Risk Argument

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.