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Published on: 26 Sep 2022 By (She/Her) , , (Kimberly Knight)

Neurological imaging to prove brain injury in medical negligence litigation

A brain injury is when cell death occurs in the brain, which can affect an individual’s capacity, emotional regulation, and ability to function. From a medical negligence perspective, this is often seen in cases of misdiagnosis or delay in the diagnosis of stroke and birth trauma/obstetrical negligence. When a brain injury has been acquired as...

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Published on: 1 Dec 2022 By

What you need to know before you sign a liability waiver

Winter sports season is around the corner. Usually, participants must sign a liability waiver to enjoy a ski hill or skate on a public rink. It’s common for people to sign a liability waiver without giving it a second thought. However, you may be giving up your rights a little too fast, without fully understanding...

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Published on: 5 Dec 2011 By

AODA Compliance – Will you be ready for January 1?

Several months ago, I blogged briefly about the Accessibility for Ontarians with Disabilities Act (“AODA”), which became law in 2005.  As part of that law, every private-sector and not-for-profit organization that provides goods or services to the public or to third parties and that has at least one employee in Ontario must be in compliance...

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Published on: 12 Oct 2017 By

What is an “Accident”: A Case Summary on Dittmann v. Aviva

The recent Ontario Superior Court of Justice decision of Dittmann v. Aviva Insurance Company of Canada[1] provides an interpretation of what qualifies as an “accident” pursuant to the Statutory Accident Benefits Schedule (“SABS”). Subsection 3(1) of the SABS defines “accident” as “an incident in which the use or operation of an automobile directly causes an...

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Published on: 12 Dec 2016 By

Microbead Ban Coming By January 1, 2018

On November 5, 2016, the federal government published a proposed regulation in the Canada Gazette, entitled Microbeads in Toiletries Regulations, to ban the manufacture or import of most toiletries that contain microbeads on or after January 1, 2018. The prohibition applies to products that are natural health products or non-prescription drugs on or after July...

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Published on: 27 Jan 2023 By

Considerations when choosing a medical malpractice lawyer

Medical malpractice occurs when a patient suffers injury or harm as a result of the negligence of a health care professional. Negligence occurs when a health care professional falls below the standard of care expected of a reasonable practitioner of that profession in similar circumstances, and that failure causes the patient’s injury or harm. A...

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Published on: 8 Aug 2017 By

Changes for Personal Injury Plaintiffs Receiving ODSP Benefits

As of August 1, 2017, the amount of money personal injury plaintiffs who are receiving Ontario Disability Support Program (“ODSP”) benefits are eligible to receive as compensation for pain and suffering, for out-of-pocket expenses and future care costs, and for Family Law Act claims is no longer capped at $100,000. ODSP is a government program...

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Published on: 26 Jul 2022 By

Arthritis medication Xeljanz linked to risk of heart attack and cancer

Pfizer’s Xeljanz and Xeljanz XR (tofacitinib), a popular drug used to treat rheumatoid arthritis, psoriatic arthritis, and ulcerative colitis, has been linked to an increased risk of serious heart problems, cancer, and death, especially in older patients – the largest demographic among Xeljanz users. A large clinical trial showed a higher rate of serious heart-related...

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