Richard M. Bogoroch's Publications

Introduction In Kungl v. Fallis1, Justice Callaghan made the following comment: Birth is a very traumatic event. It is dangerous for the baby. The birth process, even under optimal conditions, is potentially a traumatic crippling event for the baby. For…

This paper discusses how even though the subject of pain remains an elusive and controversial one, there has been a growing recognition in recent years of pain-associated conditions such as Chronic Pain, Fibromyalgia and Chronic Fatigue Syndrome. The paper observes…

This paper discusses the “Lost Years” claim in personal injury cases, detailing the innovative thinking that has gone into transforming non-pecuniary damages into pecuniary ones. Introduction A discussion of damages would be incomplete without a reference to the Trilogy of…

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…

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…

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…

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…

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…