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Toronto Lawyers Blog

  • Suing a Doctor for Malpractice is Difficult, But We Can Help

    Suffering from a healthcare professional’s negligent act or omission is difficult to begin with, and, unfortunately, attempting to pursue legal recourse is also difficult. If you or someone you care about wishes to pursue a medical malpractice case, it is important to know how these cases operate in Ontario.

    1. The Test:

    To succeed in a medical malpractice case, you, the Plaintiff, must prove both:

    1. That the physician in question breached the standard of care that is reasonably expected for the treatment you received; and
    2. That the breach of the standard of care caused your injury and resulting damages.

    2. ...

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  • What makes a good personal injury lawyer?

    The attributes that distinguish a good personal injury lawyer include trial experience, knowledge of the law, and compassion.

    Trial experience:

    You must retain a fierce advocate who will diligently and expeditiously advance your case in an effort to achieve the best possible outcome for you.  

    Although the majority of lawsuits settle prior to trial, there is no guarantee that your case will. Recent developments in legal principles and the statutory provisions governing personal injury actions have made it more challenging for Plaintiffs to be compensated for their losses. For that reason,  it is imperative that your lawyer be prepared to ...

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  • Breach of Fiduciary Duty and Medical Negligence by a Doctor

    Ms. Friendly* retained Bogoroch & Associates LLP on March 25, 2010. In June 2009, Ms. Friendly underwent a surgery performed by Dr. Paul*. Following the surgery, Ms. Friendly developed a bowel perforation, setting in motion a long chain of events resulting in serious physical and psychological limitations, including the need for 15 more surgeries and an ostomy bag, and development of a large hernia and severe depression.

    Initially, a number of doctors, nurses, and hospitals were included as Defendants, and were sued using a number of legal theories, including medical negligence, breach of contract, and breach of fiduciary duty. As ...

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  • What Is My Claim Worth?

    The following guide provides a framework for understanding how, and why, victims are compensated for their injuries in Ontario. The central principle dictating how much an injured party is awarded is called the ‘principle of loss’. Accordingly, injured parties can expect to be given awards for what they lost because of their accident.

    Liability and Threshold

    To have a valid legal claim, an injured party must demonstrate that another party is liable for their injuries. If the injury occurred in a motor vehicle accident, an injured party must prove that their injuries are both permanent and serious. While this threshold ...

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  • Gluckstein Personal Injury Lawyers: Birthing guideline should focus on producing healthy babies, not avoiding lawsuits.

    An updated guideline concerning fetal surveillance in labour puts undue emphasis on medico-legal considerations and not enough on reliable data and healthy outcomes for babies, says personal injury lawyer Richard Halpern.

    Halpern, a senior lawyer with Gluckstein Lawyers in Toronto, recently wrote an extensive critique about the 2020 Clinical Practice Guideline No. 396, issued in March by the Society of Obstetricians and Gynecologists of Canada (SOGC). The Society represents more than 4,000 health professionals across Canada, including obstetricians, gynecologists, family physicians, nurses and midwives.

    The guideline is intended to guide the profession's efforts in monitoring the health of babies during labour and delivery, but it falls short ...

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  • Jury trials are suspended until May 3, 2021

    In response to the rising COVID-19 cases, a declaration of Emergency was made on January 12, 2021, for all of Ontario. With the declaration of Emergency came new provincial restrictions on January 14, 2021. In light of these restrictions, the Ontario Superior Court of Justice has suspended jury trials until May 3, 2021, at the earliest. Per the update from Chief Justice Morawetz on January 13, 2021, no new jury trials or jury selections will proceed in the Ontario Superior Court of Justice until May 3, 2021, at the earliest. Matters that are already in progress may continue ...

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  • Occupiers’ Liability Act Amendment: Notice Period for Snow and Ice-Related Claims is shortened

    Ontarians are all too familiar with the hazards of winter conditions, which is why we expect occupiers to clear the snow and ice on the properties they are responsible for. This expectation is codified in the Occupiers’ Liability Act, which requires occupiers to take such care to see that people on their property are reasonably safe.

    Prior to the new amendments to the Occupiers’ Liability Act, individuals had two years to commence a claim against occupiers to recover damages caused by snow and ice.

    As of December 8, 2020, the Ontario provincial government passed Bill 118, which amends the ...

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  • Case Summary: Boutcher v Cha

    On December 11, 2020, the Honourable Justice Arthur Gans released his decision finding in favour of the Plaintiff in Boutcher v Cha[1], a medical malpractice judge-alone case conducted virtually. Richard Bogoroch, Toby Samson, and Kristina Maitland acted for the Plaintiff, Ms. Boutcher.

    The Plaintiff underwent a laparoscopic-assisted vaginal hysterectomy (“LAVH”) performed by the Defendant gynecologist. The parties agreed in advance of trial that the Defendant inadvertently placed sutures during the final stages of the LAVH that were found to have gone through the Plaintiff’s vaginal cuff and into her bladder, ultimately causing a fistula. As a result, the ...

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  • SEO for lawyers and law firms

    Search Engine Optimization (SEO), is a complex and ever-changing maze of arcane tips, tricks and onsite improvements to increase the visibility of your content in the judgmental eyes of search engines while still maintaining overall readability and timelyrelevance to your equally judgmental potential clients. Unfortunately, there is no panacea to ranking highly in Google (and other nameless search engines) but there are a variety of ways to appease the almighty algorithm and ensure you get the trafficyou deserve.

    Although SEO can seem like a black box of unknowable secrets, it needn’t be so confusing. Building a great SEO plan is ...

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  • What to do after a car accident?

    Involvement in an automobile accident is a traumatic event. Not only must victims cope with the profound pain and loss resulting from their injury, but often they and their families must navigate through a complex and confusing maze of legal and insurance-related issues.

    If you have been injured in a car accident, we can help. The following checklist of 10 tips have been compiled over our many years of experience in protecting the interests of injured victims and their families:

    1. Notify police. Report the accident.
    2. Notify your insurer of the accident. To claim statutory accident benefits, you must notify your ...

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