Publications

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…

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…

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,…

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…

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,…

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…

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…

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…