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The following are articles and papers authored by Bogoroch & Associates LLP principals.

21 / May / 2021

The Ontario courts has continuously grappled with defining the test for causation in personal injury cases with multiple defendants. In Clements v. Clements, 2012 SCC 32, the Supreme Court of Canada affirmed the causation test as: whether “but for” the defendant’s…

Posing the question of causation to juries in personal injury trialsRead more
20 / April / 2021

Personal injury lawyer concerned majority of people won’t know about new requirement Personal injury lawyer Rachel Radomski, associate at Bogoroch & Associates LLP, says a recent amendment to the Occupiers’ Liability Act will result in “access to justice for many…

Change to notice period in Occupiers’ Liability Act limits access to justiceRead more
Co-written by: Yoni Silberman , Canadian Lawyer
20 / April / 2021

PI lawyer predicts the cost-efficient option will last beyond COVID-19 Yoni Silberman, partner at Bogoroch & Associates LLP, just wrapped up her first hearing by videoconference, and while there are upsides and downsides, “in the case of representation of plaintiffs,…

Virtual hearings here to stayRead more
6 / April / 2021

Bogoroch & Associates’ Heidi Brown on firm values, access to justice, and challenging med mal cases When Richard Bogoroch approached her with a job offer, Heidi Brown was ready for a new challenge. After seven years at the Office of…

Fighting the good fight in ‘David & Goliath’ litigationRead more
26 / February / 2021

The transparency the legislation is intended to promote hasn’t always materialized Although the purpose of the Quality of Care Information Protection Act (QCIPA) is to encourage openness in discussions surrounding critical incidents so they can be prevented in the future,…

Grey area, uncertainty still surround QCIPARead more
5 / November / 2020

Issues surrounding the timeframe within which an action must be commenced can be perplexing for any civil litigator but are frequently encountered in the context of medical malpractice cases.  Injured adults generally have two years to start an action from…

Heidi Brown speaks on why limitations can be trickier than they seemRead more
20 / October / 2020

Evidence of “usual or invariable practice” in the context of medical malpractice cases frequently provides physicians with a significant advantage at trial. Physicians who have no specific recollection of their dealings with a patient are entitled to testify as to…

Heidi Brown speaks to Canadian Lawyer about evidence in medical malpractice casesRead more
9 / September / 2020

Proving a surgical complication arose as a result of negligence is among the steepest of uphill climbs a plaintiff can face. Commonly accepted sources of evidence give physicians a significant advantage and the potentially risky nature of all surgical procedures…

Toby Samson speaks on the keys to overcoming the huge hurdles in surgical negligence casesRead more
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