Dr. Levin

In an obstetrical malpractice action, the defendant midwives and physicians brought motions for an order compelling the infant plaintiff and his biological parents to undergo blood tests for specific genetic testing.

The defendants argued that the infant's severe neurocognitive impairments may have a genetic etiology rather than being caused by perinatal hypoxia.

The plaintiffs opposed the motions, arguing that the court lacked jurisdiction to order genetic testing due to the federal Genetic Non-Discrimination Act, and that the defendants were liable for all injuries under the thin skull doctrine regardless of any genetic predisposition.

The court held that it has the authority to order genetic testing under section 105 of the Courts of Justice Act and Rule 33.

Finding that the possibility of a genetic cause was not frivolous and that the factors of fairness, necessity, and prejudice weighed in favour of the defendants, the court ordered the infant and his biological parents to provide blood samples for genetic testing.

The applicant physician sought judicial review of interim orders made by the Inquiries, Complaints and Reports Committee (ICRC) of the College of Physicians and Surgeons of Ontario, which restricted his medical practice due to concerns that his conduct exposed patients to harm.

The applicant argued the decisions were unreasonable and procedurally unfair.

The Divisional Court dismissed the application, finding that the ICRC reasonably relied on expert evidence to conclude patients were likely to be exposed to harm, and that the paper-based process followed by the ICRC met the required duty of procedural fairness for interim protective orders.

An Indigenous offender was sentenced for three counts of aggravated assault, breach of recognizance, and assault.

The offender stabbed three men without provocation while significantly intoxicated and in breach of a bail condition prohibiting weapon possession, and subsequently assaulted a nurse during detention processing.

The court applied Gladue principles, considering the offender's intergenerational trauma stemming from residential schools, post-traumatic stress disorder, and lack of prior criminal record.

The court imposed a sentence of time served (388 days on a 1.5-1 basis) plus three years of probation, rejecting the Crown's request for 4-6 years imprisonment and the defence request for 6 months time served.

The plaintiffs brought a motion under Rule 7 for approval of a $6,625,000 settlement in a medical negligence action arising from severe birth injuries to the minor plaintiff.

The court approved the overall settlement amount but found the solicitor's proposed contingency fee of over $1.5 million to be unreasonable given the time expended and the results achieved.

The court reduced the legal fees to $1,000,000 and also reduced the proposed allocation of funds to the parents' Family Law Act claims to ensure the minor plaintiff received adequate funds for his lifelong care needs.