Andrew M. Porter

The plaintiff suffered a fractured femur and a pulseless leg following a motorcycle accident.

He was treated in the emergency room by the defendant physician, who failed to urgently transfer him to a trauma centre or communicate the pulseless nature of the limb to the trauma team leader.

Due to the delay in transfer, the plaintiff's leg became unsalvageable and was amputated.

The court found the defendant physician breached the standard of care and that this breach caused the amputation.

The court awarded the agreed-upon damages without deduction for statutory accident benefits or OHIP subrogated claims.

The plaintiff transportation brokerage sought an interlocutory injunction to enforce a non-solicitation clause against former employees who resigned to join a competitor.

The court applied the RJR-MacDonald test, requiring a strong prima facie case because the injunction would restrict the defendants' ability to earn a living.

The court found the non-solicitation clause was likely too broad in duration and scope, and the departing employee was not a fiduciary.

The motion for an injunction was dismissed, but the court declined to award costs to the successful defendants due to their flagrant disregard for the spirit of the employment agreement and inappropriate handling of confidential information.