Robust and Pragmatic

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Case comment on Lorencz v Talukdar, 2024 SKCA 105 (Saskatchewan Court of Appeal), affirming dismissal of failure-to-refer claim. On breach of standard of care, the wait time evidence framework, and the limits of causation in failure-to-refer cases. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Lorencz v Talukdar: Failure to Refer, Wait Times, and Causation

The Saskatchewan Court of Appeal affirms dismissal of a failure-to-refer claim. Breach of standard of care, but causation defeated by referral wait times.

November 27, 2024

Case comment on Hasan v Trillium Health Centre, 2024 ONCA 586, on the evidentiary gap doctrine, the Snell v Farrell "robust and pragmatic" causation framework, the available treatments causation analysis in delayed-diagnosis cases, and the appellate affirmance of a plaintiff verdict for stroke malpractice. By Paul Cahill, LSO Certified Specialist in Civil Litigation.

Hasan v Trillium: When the Defendant’s Negligence Creates the Evidentiary Gap

The Court of Appeal affirmed plaintiff causation in a stroke malpractice case, holding that defendants cannot rely on evidentiary gaps their own negligence created.

August 13, 2024

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Robust and Pragmatic

Lorencz v Talukdar: Failure to Refer, Wait Times, and Causation

Hasan v Trillium: When the Defendant’s Negligence Creates the Evidentiary Gap

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Concerned about medical negligence? Talk to Paul directly.

Concerned about medical negligence?
Talk to Paul directly.