Templeton

The plaintiffs brought a medical malpractice action against a general practitioner and a specialist surgeon following complications from bowel surgery that resulted in a severe necrotizing soft tissue infection.

The plaintiffs alleged the specialist failed to follow up on PET scan results and the general practitioner failed to accurately communicate those results.

The court found that while the specialist breached the standard of care by failing to follow up, the plaintiffs failed to establish causation, as the patient's history of seeking alternative treatments and rejecting medical advice indicated he would not have complied with the recommended treatment plan.

The court found the general practitioner met the standard of care.

The action was dismissed.

The parties settled all outstanding issues regarding custody, access, and child support on the eve of trial and signed Minutes of Settlement.

The issue of costs was preserved for written submissions.

The applicant sought costs of $52,128.70, while the respondent argued for no costs.

The court dismissed the applicant's request, finding that it is inappropriate to award costs based on a settlement where there is no clear successful party or judicial fact-finding on the merits.

No costs were awarded to either party.

The applicant, appealing his summary conviction, ordered transcripts of his trial proceedings.

The authorized court transcriptionists, acting as independent contractors under the new Ministry of the Attorney General model, refused to provide copies at the $0.55 per page copy rate, insisting on charging the full $4.30 per page rate for a 'first certified copy' because the appeal was a new proceeding.

The applicant brought an application to compel the transcriptionists to produce the transcripts at the copy rate.

The Superior Court of Justice held that it had jurisdiction over the administration of justice to make the order.

The court found that under the Criminal Code and O. Reg. 94/14, transcriptionists do not have the discretion to refuse a transcript order or to charge the first-copy rate for a transcript that was already produced for the trial.

The court ordered the transcriptionists to produce the transcripts at the $0.55 per page rate.

In a high-conflict family law proceeding, the court determined interim parenting and support issues.

The court declined to award 'custody' to either parent, instead ordering a detailed shared parenting schedule to minimize conflict and maintain stability for the children.

The court imputed an income of $364,188 to the respondent business owner and ordered him to pay $4,454 monthly in child support and $7,575 monthly in spousal support.

Requests for funding to repair the matrimonial home and for its immediate sale were denied or adjourned.