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Moore v. Getahun [2015] ONCA 55

Moore v. Getahun [2015] ONCA 55 Decided January 29, 2015 “Consultation and collaboration between counsel and experts is permitted to ensure that expert witnesses understand their duties as an expert.” Ontario Court of Appeal The Plaintiff argued that the Defendant orthopaedic surgeons fell below the standard of care by having a cast applied to a […]

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Fernandes v. Penncorp Life Insurance Co. [2014] ONCA 615

Fernandes v. Penncorp Life Insurance Co. [2014] ONCA 615 Decided March 22, 2013 “Mental distress damages are compensatory, not punitive. An award which was four times that requested by the respondent was markedly reduced as it could only be described as punitive.” Ontario Court of Appeal The Respondent, Fernandes, was bricklayer who could no longer […]

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David A. Bertschi Speaking at the SCM Health Solutions 3rd Annual Industry Leadership Seminar August 18th, 2015

David A. Bertschi will be on the panel of speakers at the SCM Health Solutions 3rd Annual Industry Leadership Seminar in Toronto on Tuesday, August 18, 2015. The event will focus on providing an evidence-based 2015 update on key clinical recovery pathways following motor-related injuries and their implication on industry, policy and legislation including a […]

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D.L.G. & Associates Ltd. v. Minto Properties Inc. [2014] ONSC 7287

D.L.G. & Associates Ltd. v. Minto Properties Inc. [2014] ONSC 7287 Decided December 16, 2014 “If a contracting party covenants to obtain insurance, then that party must look to the insurance and cannot not sue a third party for damages for the risk that ought to have been insured.” Ontario Superior Court of Justice The […]

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