February 26, 2020

Author: Katelynn Drake, Associate Lawyer   This is an action arising out of the medical treatment provided to the Plaintiff in 2007, which led to a stroke and resulting brain injury. The Plaintiff initially retained a lawyer who represented him until 2011 when the lawyer was removed as lawyer of record. No litigation guardian (LG) had […]

February 4, 2020

Author: Barbara Legate, Partner   In the bad old days, access to your personal health information was paternalistically guarded. The level of specificity you obtained from a physician, hospital, Long Term Care facility and the like, was a function of what they were prepared to share. It was thought that patients were not sophisticated enough […]

January 6, 2020

Author: Katelynn Drake, Associate Lawyer   In Ashburn v. Storrey, the Plaintiff’s vehicle was struck when the Defendant’s vehicle proceeded through a stop sign without stopping. The damage to the vehicle was significant, and the Plaintiff suffered soft tissue injuries. Following the collision, the Plaintiff returned to work despite her ongoing pain and mobility limitations (the […]

October 4, 2019

Author: Alex Wolfe, Associate Lawyer   Unless you are extremely healthy (or lucky), most of us have regular interactions with doctors, hospitals, nurses, and other medical professionals. Most of us have very positive experiences and feel better after these interactions, however, some people do not receive the proper diagnosis, treatment, surgery, or referral and may suffer […]

August 22, 2019

    Congratulations to all three partners for their inclusion in the 14th edition of the Best Lawyers in Canada!      Please click the following link to view Legate Personal Injury Lawyer’s Best Lawyers profile – LINK 

May 21, 2019

Author: Katelynn Drake, Associate As warmer weather sets in, many Ontarians are looking forward to getting out in their boats. Although many people use boats without incident, more than 100 people lose their lives to boating accidents each year, and many more are seriously injured. Alcohol is a significant contributor to boating accidents. According to […]

May 10, 2019

Author: Alex Wolfe, Associate A recent case from the Ontario Court of Appeal confirmed that surgeons should not leave their patients to determine whether or not they are “better” when they are providing discharge instructions to their patients. In Crump v. Fiture, 2018 ONCA 439 (CanLii), a young girl was referred to a general surgeon […]

March 1, 2019

Author: Barbara A. MacFarlane, Partner Fear of reprisal tends to stop someone from admitting a mistake or saying sorry. This may be particularly true in medical malpractice cases in which a doctor may fear being sued or denied insurance coverage if they apologize for a medical error; yet they may feel a compelling need to […]

February 22, 2019

Author: Barbara A. MacFarlane, Partner It has been reported in the past that ‘Medical Error’ is the third leading cause of death in the United States, behind heart disease and cancer, according to a study published by Drs. Makary and Daniel at John Hopkins. It is estimated at least 251,454 Americans die due to medical […]

February 12, 2019

Author: Daniel Macdonald, Associate In January the Ontario Government announced that it has launched a review of the province’s auto insurance system. The reported goal of this review is to lower automobile insurance rates for drivers. As part of this review the government has said it will be consulting with drivers, insurance companies and other […]

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