Publications

Prepared as a companion piece to the Complex Issues in Tort Litigation seminar Richard Bogoroch chaired for the Osgoode Professional Development Program, this paper discusses the series of three Supreme Court of Canada cases (known as the “trilogy”) which have…

Introduction Chronic pain, fibromyalgia and chronic fatigue cases present unique challenges for plaintiff’s counsel whose task it is to prove disability, whether within the context of a tort or statutory accident benefits case or when claiming entitlement to long-term disability…

Mediations “Happy are they who maintain justice and do righteousness at all times.” Psalm 106:3 Mediation is the most effective means of resolving a dispute and enjoys wide popularity among the Bench, the Bar and litigants. The long delays and…

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…

The Nature of the Case S.E. underwent a total gastrectomy. Afterward, instead of recovering normally, S.E. experienced severe, debilitating abdominal pain, drastic weight loss, chronic diarrhea and nausea – along with numerous other symptoms. Because S.E. had suffered from serious…

H.K. a 21 year-old man drowned in front of family members in Lake Ontario, during a day when it was unsafe to swim in the water due to currents and high waves. Despite other near-drownings just prior to his death,…

The Accident K.R., a 42 year-old woman in the prime of her life and career, was struck while training on her racing bicycle. K.R., an elite triathlete was training when she was struck from behind by a driver asleep-at-the-wheel. Unconscious…