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medical negligence

“Imaginative Reconstruction of Reality”: Problems with Causation in Sacks v Ross

On October 5, 2017, the ONCA released its decision (2017 ONCA 773) on an appeal for a negligence claim made by Jordan Sacks, a man who suffered septic shock and amputations as a result of complications from bowel surgery performed at Sunnybrook Hospital. Although the jury found that the hospital, three of its doctors, and […]

Supreme Court of Canada condones copying in Cojocaru

In an era where the bench and society recognize that judges are hard-pressed for time and resources, and given Chief Justice McLachlin’s repeated calls for increased access to justice, the Supreme Court of Canada’s unanimous decision in Cojocaru (Guardian ad litem of) v. British Columbia Women's Hospital & Health Center, 2013 SCC 30, is hardly […]