Summary of Important Cases

Medical and hospital malpractice is an area of litigation all too frequently defined by delay, complexity, and prolonged litigation with some cases taking many years to get to trial.  The medical malpractice team of lawyers at Bogoroch & Associates LLP…

Congratulations to our partner Yoni Silberman and our associate Carlo Panaro on their successful appeal before the Divisional Court in Marcelo v. The Personal Insurance Company. This important decision clarifies that determinations under the Minor Injury Guideline are injury-based, not impairment-based,…

The recent decision of Estate of Sutherland v. London Health Sciences Centre, 2025 ONSC 4483 is an important addition to the growing body of case law demonstrating that inadequate record keeping by a health care professional is generally a breach…

The applicant brought this Application under rule 7.08(4) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (the “Rules”) for Court approval of the proposed full and final settlement of his statutory accident benefits claim. Settlement of the corresponding…

In the recent birth trauma case of Cheung v. Samra,[1] the Ontario Court of Appeal set aside an order for a new trial by a lower court Judge and awarded the plaintiffs $14.9 million in damages. In doing so, the…

Following a 6-day video-conference hearing, Adjudicator Lake ruled that the Applicant was entitled to payment of income replacement benefits in the amount of $400.00 per week from July 17, 2019 to date and ongoing, plus interest in accordance with s.…

Section 10 of the Regulation 664 provides that, if the Tribunal finds that an insurer has unreasonably withheld or delayed payment of benefits, the Tribunal may award a lump sum of up to 50 percent of the amount to which…

Although the Applicant’s appeal of the attendant care benefit was filed beyond the two-year limitation period, the Tribunal found that under s. 7 of the Licence Appeal Tribunal Act, the justice of the case required the limitation period to be…