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's Publications

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

Co-written by: Richard M. Bogoroch , Leanne Goldstein
27 / March / 2003

Introduction In R v. Abbey1, Dickson J. held: Witnesses testify as to facts. The judge or jury draws inferences from facts. With respect to matters calling for special knowledge, an expert in the field may draw inferences and state his…

Reflections on the Role of the Expert WitnessRead more
Co-written by: Richard M. Bogoroch , Tripta S. Chandler
September 2002

The Supreme Court of Canada's ruling in Athey v. Leonati1 is a definitive commentary on the manner in which liability and damages should be apportioned in tort actions. The Court discusses a myriad of possible scenarios in which tortious and non-tortious…

How Canadian Courts Have Turned “Thin Skull” Damages into “Crumbling Skull” Damages: What are the Implications?Read more
Co-written by: Richard M. Bogoroch , Simone A. Levine
22 / March / 2002

In a medical malpractice action against a physician, the plaintiff must establish on a balance of probabilities that the physician departed, in a blameworthy way, from the normal standards of skill, judgement, or knowledge prevailing in the medical community at…

Forceps and Caesarean Deliveries and Informed Consent: New Issues and Dangers in Child Delivery MethodsRead more
30 / June / 2001

June, 2001


Introduction “A jury trial is a fight and not an afternoon tea.”1 When Mr. Justice Riddell famously said that a lawsuit is not “an afternoon tea” he could not have anticipated but must have had in mind fibromyalgia litigation. The…

Tactics and Strategies in Handling the Chronic Pain and Fibromyalgia Lawsuit – From the Plaintiff’s PerspectiveRead more
Co-written by: Richard M. Bogoroch , Rachel Urman
April 2001

In recent years, the issues of wrongful pregnancy, wrongful birth, wrongful continuation of pregnancy and wrongful death have engendered controversy among the lawyers, physicians and the general public. These cases raise important public policy, moral and ethical issues. The purpose…

Recent Developments in Obstetric Negligence LawRead more
28 / February / 2001

This in-depth paper focuses on strategies and tactics to employ in chronic pain cases arising from car accidents, in light of the Ontario Motorist Protection Plan. By Richard Bogoroch 1. Introduction Chronic pain cases are challenging, difficult and complex. They…

Strategies for Chronic Pain and Emotional Injuries: Coping With the OMPP ThresholdRead more
30 / November / 1997

Introduction There are a few things as difficult or as dangerous as the cross-examination of the defendant’s expert. While it is often said that a plaintiff’s case is made or lost on the strength and credibility of the plaintiff’s witnesses,…

Corralling the Experts: Opinion ContainmentRead more
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