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McCormick v. Tsai, 2011 ONSC 2057 (CanLII)

McCormick v. Tsai, 2011 ONSC 2057 (CanLII)

Bogoroch & Associates LLP represented the plaintiffs in a medical malpractice case related to the death of a 10-year-old girl, winning an important motion on adding parties to the case.

Superior Court of Justice – Ontario

Re: McCORMICK et al, Moving Parties, Plaintiffs
TSAI et al, Responding Parties, Defendants
Counsel: Bogoroch & Associates LLP, for the Plaintiffs
Matthew Sammon and Jaan E. Lilles, for the Defendants


  1. This is a motion by the plaintiffs seeking leave to amend the Statement of Claim to properly name the defendants Dr. Martha McKinney and Dr. Basem Al-Saati. Alternatively the plaintiffs seek to add Dr. Martha McKinney and Dr. Basem Al-Saati as party defendants.
  2. This action arises out of the death of Sydney McCormick (“Sydney”) who was the child and grand-child of the plaintiffs. Sydney was born on March 28, 1996. On March 12, 2006 she was admitted to the Emergency Department of Kingston General Hospital (“The Hospital”). Sydney passed away on March 17, 2006. Between March 12, 2006 and March 17, 2006 Sydney received care and treatment from a number of physicians and nurses.
  3. A Paediatric Death Review was conducted between October 2006 and January 2007. It summarized the facts of the case but does not refer to any physicians by name. In its findings, the Committee requested it be provided with the Kingston General Hospital Internal Review, but the Hospital refused its request.
  4. Counsel for the plaintiffs received the Hospital’s medical records in respect of Sydney’s hospitalization in or about February 2007. The Statement of Claim was issued on August 20, 2007. It names Dr. Ellen Tsai, Dr. Michelle Jackman, Dr. Kyle McKenzie, Dr. David Ng and Dr. J. Doe as defendant physicians.
  5. Examinations for discovery of the defendant physicians were conducted between October 24, 2008 and December 18, 2008. At the examination for discovery of Dr. Ellen Tsai on October 24, 2008 Dr. Tsai identified Dr. McKinney and Dr. Al-Saati as additional doctors who had provided care and treatment to Sydney.

For the full decision, click to download:

McCormick v. Tsai, 2011 ONSC 2057 (CanLII)