R. Bogoroch

The plaintiffs sought clarification of an endorsement that partially approved a $10,000,000 medical malpractice settlement on behalf of a minor.

The court convened a case conference and agreed to minor edits regarding the names of medical professionals and the exact amount of proposed counsel fees.

The court also clarified the net recovery amount for the minor's parents, which could be used for a property purchase, and the distribution of the structured and non-structured settlement funds.

The court remained seized of the matter pending the final disposition of the proposed counsel fee and the application for guardianship of property.

The plaintiffs brought a motion under Rule 7.08 for court approval of a $10,000,000 settlement arising from a medical malpractice claim involving severe birth injuries to the minor plaintiff.

The minor plaintiff sustained permanent neurological injuries, including cerebral palsy, requiring 24-hour care for the rest of her life.

The court approved the settlement allocation for the minor, her parents, and OHIP, finding it fair and reasonable given the significant litigation risks regarding standard of care and causation.

The court also authorized the parents to use a portion of their settlement funds to immediately purchase a wheelchair-accessible home, while reserving its decision on the proposed $3,136,500 counsel fee pending input from the Office of the Children's Lawyer.

The plaintiffs brought a motion under Rule 7.08 for court approval of a $10,000,000 settlement in a medical malpractice action involving a minor who suffered severe birth injuries resulting in cerebral palsy.

The plaintiffs' counsel sought approval of a contingency fee of $3,136,500.

The court adjourned the motion, finding that it could not assess the reasonableness of the proposed fee without reviewing the time dockets for each professional who worked on the file.

The plaintiffs brought an unopposed motion to appoint Brooke Charlotte Nichol as the estate representative for the deceased plaintiff, Richard Nichol, and to amend the statement of claim accordingly.

The deceased plaintiff died during the course of the medical malpractice action, and his estate was not probated.

The court found the order necessary to allow the estate to proceed with the action and granted the requested relief.

During a civil trial, the defendant physician sought to admit hearsay statements made by his deceased office assistant regarding her attempts to contact the plaintiff to reschedule a cancelled appointment.

The court held a voir dire to determine the threshold reliability of the statements under the principled exception to the hearsay rule.

Finding that the assistant's statements were corroborated by physical evidence, including a contemporaneous note and telephone records, the court ruled the statements met the threshold reliability requirement and were admissible for the truth of their contents.

The plaintiff sued three physicians for medical malpractice, alleging that their failure to urgently diagnose and treat her Vogt-Koyanagi-Harada (VKH) syndrome resulted in permanent vision loss.

The court found that the emergency physician and the ophthalmologist met the standard of care in their assessments and referral processes.

While the neuro-ophthalmologist breached the standard of care by failing to schedule an urgent appointment upon receiving the referral, the court concluded that this breach did not cause the plaintiff's vision loss, as her VKH was exceptionally aggressive and blindness was inevitable.

The action was dismissed against all defendants.