Category: Causation

Court of Appeal Helps Clarify Causation in Personal Injury Claims – Farrant v. Laktin

by John McKiggan

“What Caused My Injury?”

A defendant is only responsible for compensating a plaintiff for injuries caused by the defendant’s negligent conduct. Proving what injuries were, or were not, caused by the defendant’s conduct is often the biggest battle in many personal injury trials. See for example, Causation in Personal Injury Claims.

There has been some legal debate as to how the Supreme Court of Canada’s decisions in Athey v Leonati and the more recent decision of Resurfice Corp v. Hanke relate to one another.

Continue reading →

Posted in: Car Accidents, Causation, Minor Injury Cap, Personal Injury, Spinal Cord Injuries, Uncategorized

Court of Appeal Upholds Record Award for Chronic Pain – Degennaro v. Oakville Trafalgar Memorial Hospital

by John McKiggan

The Ontario Court of Appeal recently released its reasons in Degennaro v. Oakville Trafalgar Memorial Hospital. The Court of Appeal confirmed a $3 million compensation award for chronic pain stemming from a slip and fall injury.

As far as I can tell, the decision is the largest compensatory damage award from chronic pain in Canada.

Diane Degennaro was visiting her son who was a patient at the Oakville Trafalgar Memorial Hospital. A nurse at the hospital offered Ms. Degennaro a bed to sleep in while she was staying with her son. When Ms. Degennaro sat on the bed it collapsed and she fractured her sacrum (the pointed bone at the base of the spine).

Continue reading →

Posted in: Causation, Chronic Pain, Personal Injury, Slip and Fall Injuries, Spinal Cord Injuries, Uncategorized

Expert Evidence and Defence Medical Exams – The Challenges of Scientific Evidence

by John McKiggan

Expert evidence forms the core of any personal injury claim. In almost every personal injury case the plaintiff must provide scientific evidence, usually if the form of testimony from teatingg doctors and other health care providers about issues surrounding causation of the plaintiff’s injuries.

Personal injury claims often boil don to a so-called “battle of the experts” and the judge or jury is forced to decide which evidence they feel is more reliable or reasonable.

Interpreting Scientific Evidence Challenging

Continue reading →

Posted in: Brain Injury, Car Accidents, Causation, Expert evidence, Experts, Personal Injury, Uncategorized

Causation in Nova Scotia Personal Injury Claims – Kremer v. Walker

by John McKiggan

Pre-Existing Injuries

It is rare that a person injured in a car accident, medical malpractice claim, or some other accident doesn’t have some pre-existing health problems or conditions that may – or may not – play a part in the injuries that are the subject of litigation.

What Caused the Injuries?

Continue reading →

Posted in: Car Accidents, Causation, Minor Injury Cap, Personal Injury, Uncategorized