Cases


Counsel to a family physician in the successful defence at trial of the decision to discharge a patient from hospital, following which the patient sustained a fall.


Counsel to Grant Thornton LLP in connection with a dispute regarding allegations of professional negligence against an auditor.


Counsel to a defendant law firm in a proposed class proceeding in Saskatchewan relating to a tax donation program alleging professional negligence.


Counsel to the respondent physician in proceedings before the Human Rights Tribunal relating to an allegation of discrimination with respect to services because of disability and reprisal. 


Counsel to the defendant physician in a jury trial following the death of a patient from a sudden pulmonary embolism.


Counsel to the defendant physician in an action for damages arising from the plaintiff’s perforated ulcer.


Counsel to the successful defendant physician in a medical negligence trial relating to the performance of a laparoscopy and vaginal resection.


Counsel to the defendant physician in a jury trial regarding the quantum of damages in a medical negligence relating to the management of shoulder dystocia.


Counsel to a physician in a proceeding alleging liability to a non-patient in respect of statements made by the physician to another individual.


Counsel to defendant physicians in a trial involving allegations of negligence in relation the treatment of the plaintiff’s depression and risk for suicide.


Counsel to the successful defendant physicians at trial in a case involving allegations of professional negligence arising from the care, treatment and management of multiple hand fractures.


Counsel to the successful defendant physicians in a jury trial of a complex medical malpractice action relating to a stroke following childbirth.  Includes important interim ruling relating to deductibility of disability benefit.


Counsel to defendant physicians in a proceeding alleging injury during a brain biopsy. Successfully moved to strike the Statement of Claim for failing to disclose a cause of action.


Counsel on appeal for the defendant physician in a proceeding alleging negligence in the treatment of a fractured wrist. The Court of Appeal's decision provided important guidance on the role of counsel in the preparation of expert reports and the limits on the production at trial of information from an expert witness's file.


Counsel to the Law Society of Upper Canada in the prosecution of a lawyer for professional misconduct.  A three member panel of the Divisional Court affirmed the decision of an Appeal Panel of the Law Society of Upper Canada that found the lawyer had committed acts of professional misconduct. The Divisional Court also confirmed his penalty of a one month suspension and its $200,000 costs award in favour of the law society.


Counsel to a witness physician involved in rescue efforts following the collapse of a mall in Elliot Lake in connection with a public inquiry into the mall collapse.


Counsel to defendant physician in a successful defence in a jury trial involving a medical procedure.


Counsel to the Law Society of Upper Canada in a successful appeal of a decision concerning unprofessional conduct by a barrister. 


Counsel to the Law Society of Upper Canada in successfully defending a motion for production of prosecution documents on the basis of a claim of abuse of process.


Counsel to the physician on successful motion opposing the addition of four physicians to a medical negligence action.


Counsel to two successful defendant physicians in a medical negligence action relating to treatment of wrist fractures.


Counsel to the College of Massage Therapists of Ontario in a prosecution of a member for professional misconduct under the Regulated Health Professions Act and the subsequent appeal to the Divisional Court. 


Counsel to a physician in a proceeding before the Ontario Human Rights Tribunal against an allegation that his assistant breached the Human Rights Code.


Counsel to the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario in an application and subsequent appeal against respondent organizations and individuals for declarations that the respondents breached the Regulated Health Professions Act.  Interim injunctions obtained against the respondents.


Counsel to a physician in a Coroner's Inquest relating to a death in the Brantford jail.


Counsel in the defence of a physician before a panel of the Discipline Committee of the College of Physicians and Surgeons of Ontario.  Successful appeal to the Divisional Court of a finding of misconduct by the Discipline Committee.


Counsel to the College of Massage Therapists in Discipline Committee hearing concerning allegations of practicing while suspended. Hearing proceeded on agreed statement of facts, with penalty contested. The Discipline Committee revoked the license of the member.


Prosecutor for The College of Massage Therapists of Ontario in an appeal of a decision of the Discipline Panel of the College finding a member guilty of conduct unbecoming a massage therapist on the grounds that he had instructed or authorized an employee to issue false receipts indicating that he had performed massages which were instead performed by his non-registered employee.


Counsel to the successful defendant doctor in a jury trial concerning the plaintiff's informed consent to a breast augmentation and lift.


Counsel to the successful defendant physicians  at trial and on appeal in a wrongful death medical negligence action relating to a post-partum haemorrhage.


Counsel to the successful respondent doctor on an application for judicial review of a decision of the Health Professions Appeal and Review Board in a professional misconduct matter.


Counsel to intervener physicians in a constitutional challenge to a provision of the Regulated Health Professions Act.


Counsel to defendant, Cassels Brock and Blackwell LLP, in an eight week trial commenced on behalf of a group of General Motors of Canada Limited dealers whose dealerships were terminated by GMCL as a result of the financial crisis and "auto bailout" in the summer of 2009.


Counsel to the defendant physician in a medical negligence action at trial and on appeal in a matter relating to the treatment of menorrhagia.


Counsel to the the College of Massage Therapists of Ontario, on a successful appeal of the issue as to whether the application judge was wrong in principle to grant judicial review and quash two decisions of the College's investigatory bodies.


Counsel in a successful defence at trial of a bariatric surgeon in a medical negligence action in respect of morbid obesity surgery.


Counsel to defendant law firm in a class action in connection with a charitable tax program.


Counsel in a medical negligence trial before a jury on behalf of a family physician in respect of the management of shoulder dystocia.


Counsel to the defendants physicians in a medical negligence proceeding, including on a motion for summary judgment on the basis that the limitation period had expired.


Counsel for the Law Society in the successful prosecution of a member for professional misconduct. The decision was affirmed on appeal by the Law Society Appeal Panel.


Counsel in a medical negligence action against an obstetrician in respect of the performance of a Caesarean section.


Counsel to the defendant physician in a compromised infant medical negligence action at trial and on appeal.


Counsel for the Law Society in an appeal from a Discipline Committee decision.


Counsel to insured physician on an application to interpret an exclusion clause in an insuring agreement.  Court determined that the bodily injury exclusion was not applicable in the context of the Red Cross tainted blood supply prosecution.  Application allowed and indemnification for costs of the successful defence to criminal charges granted to the physician.


Counsel to appellant physician on a successful appeal to Court of Appeal from a trial judgment awarding damages to plaintiffs for medical negligence arising from a surgical procedure. 


Counsel to successful plaintiff/respondent on an appeal from complex motion for summary judgment.  Appeal raised issues of law involving the assignment of two mortgages and a cause of action in solicitors' negligence.


Counsel to a physician in a successful Charter application to exclude evidence seized in contravention of the accused's right to be free from unreasonable search and seizure.  The application involved the application of constitutional principles to the search of internet service providers and psychiatric offices.


Counsel to the successful defendant obstetrician in the trial of an action involving a post partum hemorrhage.


Counsel in a proceeding confirming a decision of the Inquiries, Complaints and Reports Committee issuing a written caution for these physicians to make reasonable efforts to ensure compliance with the Advertising Regulations.

Counsel to a physician in a class action relating to the use of an injectable treatment.


Counsel at trial in a successful defence of a gynecologist alleged to have negligently performed the removal an ovary.


Counsel to three defendant physicians who allegedly failed to postpone the plaintiff's elective surgery that resulted in the plaintiff developing an invasive group A streptococcal infection leading to organ failure, toxic-shock like syndrome and a coma.  Successfully defended the claim at trial.


Counsel to three physicians at the Coroner's Inquest into the death of an inmate while in custody at the Central North Correctional Centre.


Counsel to the defendant law firm in a class action for solicitor's negligence involving a tax shelter based on charitable donations using in part borrowed money for tax deductions.

Read Lexpert's Significant Matters summary.


Obtained injunction against optical store dispensing eyeglasses in violation of the requirements under the Regulated Health Professions Act and the Opticianry Act.


Counsel for the physician in an application for judicial review of the powers of the College of Physicians and Surgeons of Ontario to observe physicians performing medical functions and to compel an interview.


Counsel for the successful defendant physicians in the trial of a medical malpractice matter relating to injuries alleged suffered during surgery.


Counsel to successful defendant general surgeon on a dismissal of an appeal and at the trial of a medical negligence action involving a patient who suffered post-surgical complications and died.


Counsel to successful defendant physician in a hearing before the Human Rights Tribunal alleging discrimination on the grounds of disability.


Counsel to successful defendant psychiatrist at trial in a medical negligence action involving an alleged improper discharge from hospital of a patient suffering from schizophrenia.


Counsel to a physician on a successful judicial review application to quash the decision of the Health Professions Appeal and Review Board.


Counsel to the physicians in a trial of a cross-claim between the hospital and the physicians regarding the care of a psychiatric patient.


Counsel on a motion for leave to appeal a motion judge's order dismissing the respondents' motion to strike out an application challenging the constitutionality of a provision of the Health Professions Procedural Code.


Represented three physicians at a Coroner's Inquest into the death of Michael Douglas, a psychiatric patient who eloped from hospital and was fatally shot by police.

Counsel for the defendant estate in a medical malpractice case. Action dismissed without costs on consent after four days of trial.


Counsel in a trial and appeal in defence of a plastic surgeon alleged to have negligently performed reconstructive surgery.


Counsel for a physician in disciplinary proceedings.  Included an application for various relief on constitutional grounds and a constitutional challenge to a provision of the Regulated Health Professions Act.


Counsel to several physicians in a high profile Coroner's Inquest relating to a psychiatric patient at the Centre for Addiction and Mental Health.


Counsel to successful defendant pediatric surgeon at trial in a medical negligence action involving an alleged misdiagnosis of a bowel disease.


Counsel for the successful defendant in a medical negligence jury trial.


Counsel to the defendant physician in a medical malpractice case relating to an injury sustained during the delivery of a baby. Successful in defending the action at trial.


Counsel for a physician in an action relating to a bus crash that had occurred as a result of conduct of a patient.  Successful in opposing a motion to add the physician to the action, and in precedent-setting appeal regarding the interpretation of the Limitations Act, 2002 and the doctrine of special circumstances.


Counsel to a geriatrician on summary judgment motion in a medical negligence action.


Counsel to successful defendant pediatrician at trial in a medical negligence action involving an alleged missed diagnosis of hyperbilirubinemia.


Counsel for defendant physicians in an action relating to the in utero infection of a baby with HIV.  Contested hearing and appeal concerning the scope and interpretation of a settlement offer, and whether it should be presumed to include a right to structure the lump sum payment.


Counsel to a physician in a judicial review application concerning the jurisdiction of the Discipline Committee of the College of Physicians and Surgeons of Ontario to order payment of costs in certain circumstances.


Counsel to the defendant physicians in a medical negligence claim alleging a failure to diagnose a bowel obstruction in a timely fashion.


Counsel for the defendant physician in a civil action.  Successful motion and appeal, dismissing a third party claim on the grounds that it was statute barred.


Counsel on a successful motion by the defendant to determine questions of law and strike out portions of the plaintiff's claim on the basis of absolute privilege and the Regulated Health Professions Act.


Counsel in a medical negligence trial successfully defending a physician against the allegation that he negligently prescribed Viagra to his patient.


Counsel for the defendant physician in a lengthy jury trial and an appeal in a wrongful life case.


Counsel for a physician on a motion to prevent the addition of a physician to a medical negligence action beyond the relevant limitation period.  Successful on the motion and on appeal.


Counsel to defendant physician at trial in a medical negligence action involving a failure to follow-up and a subsequent diagnosis of brain tumour.


Counsel to a physician in a medical negligence action, which included an appeal dealing the doctrine of fraudulent concealment and the limitation period applicable to claims by estates.


Counsel for the successful defendant in a medical malpractice case.


Counsel on a successful motion for summary judgment in a medical malpractice case.


Counsel to a physician alleged to have failed to advise patient of her right to counsel under the Mental Health Act and the Charter of Rights and Freedoms when detaining the patient for psychiatric assessment.  Successful at trial and on appeal.


Counsel to successful defendant orthopaedic surgeon at trial in a medical negligence action involving an alleged delay in diagnosis of a spinal tumour following knee replacement surgery.


Counsel to successful defendant vascular surgeon at trial in a medical negligence action involving the repair of a ruptured popliteal artery in association with the repair of an open, dislocated right knee.


Counsel to defendant physicians in a medical malpractice action relating to management of pain during labour and delivery. Successful motion for summary judgment.


Counsel to two physicians on a successful motion and appeal for summary judgment in a medical negligence action.


Successful defence at trial of medical malpractice claim against physician concerning punctured lung.


Counsel to defendant cardiologist in a medical malpractice trial in respect of the interpretation of an electrocardiogram and treatment of atrial fibrillation.


Counsel to a physician at a Coroner's Inquest into the death of a baby following a delivery complicated by shoulder dystocia.  Cause of death was severe cerebral anoxia which was found to be accidental.


Counsel to the successful respondent in an appeal involving the interpretation and application of the Mental Health Act and challenges to psychiatric findings of incapacity.


Counsel to the applicant professional regulator on an application to enjoin the respondent from unauthorized practice and the performance of controlled acts, namely the communication of diagnoses, while not authorized by a health profession Act.


Successful defence of an obstetrician in a negligence action and subsequent appeal involving the diagnosis of gestational diabetes and the medical management of shoulder dystocia.


Counsel to the College in a successful prosecution of a member in respect of two incidents of sexual abuse of patients, as well as falsifying clinical notes and records and providing false and misleading information in the course of an investigation.


Counsel to the College of Massage Therapists of Ontario in a Discipline Committee hearing and a subsequent appeal brought by the member in the Divisional Court.


Counsel to the Law Society of Upper Canada in connection with appeals to the Divisional Court and Court of Appeal for Ontario on a professional discipline matter.


Counsel to the College of Massage Therapists of Ontario in a discipline proceeding related to an examination security breach.


Counsel to a physician and clinic against an allegation of discrimination with respect to services because of disability.


Prosecutor for The College of Massage Therapists in Discipline Committee hearing concerning allegations of, among other things, practicing while suspended and providing misleading information to the College during its investigation. The Discipline Committee revoked the license of the member.


Prosecution of member for professional misconduct arising from engaging in an intimate relationship with a client and falsifying receipts.

Prosecuted psychological associate with respect to statements made through an online advice forum. Case addressed novel issues regarding the College's jurisdiction and the scope of internet treatment.

Counsel to a physician at a Coroner's Inquest into the death of Lisa Shore caused by probable complex drug interaction leading to cardiac and respiratory arrest ruled as homicide.  First inquest finding of homicide in Ontario.


Counsel to BMO Investorline, successfully defending at trial a claim involving allegations of negligence in connection with a stock trade.


Counsel to the defendant physicians in a medical negligence proceedings.  Successfully opposed a motion by the plaintiff to extend the deadline to set the action down for trial after the deadline had passed, resulting in dismissal of the action.