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standard of care

SCC to Hear Woman Arrested for Not Holding a Handrail

The Supreme Court of Canada (“SCC”) will hear Bela Kosoian, a woman arrested in a Quebec subway station for failing to hold an escalator handrail. Leave was granted on Thursday, November 15. I will discuss the background, legal framework, and procedural history of this case – which was recently featured in headlines internationally—before offering some […]

“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 […]

Reasonable Repair of Rural Roadways: Fordham v Dutton-Dunwich

On December 11, 2014, the Ontario Court of Appeal (“ONCA”) released its decision in Fordham (Litigation guardian of) v Dutton-Dunwich (Municipality), 2014 ONCA 891 [Fordham]. The issue in the appeal was whether the trial judge misapplied the standard of care that must be met by a municipality in fulfilling its duty of reasonable repair of […]