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B E R S E N A S J A C O B S E N C H O U E S T T H O M S O N B L A C K B U R N L L P
Volume 1, Issue 9
LITIGATION NOTES October 2006
Pushing the Limits of Punitive Damages
I n s i d e t h i s i s s u e :
that it was not made in good faith. While the finding of
dismissed without cause, one in the wrong”. This is a
Superior Court Considers Form “G”
also had preliminary issues to consider.
issues which had arisen after the hearing
ciples for substitute decision making as
prescribed by the Health Care Consent
that the test to the introduction of fresh
its authority related only to the admini-
request was refused. In addition, before
respect to all other treatments. Dr. Tay-
all parties felt that there were issues of
Board’s decision had been reasonable in
had not been acting in Mrs. Bourgoin’s
pursuant to section 37 of the Health
best interests in refusing the administra-
Care Consent Act
, (“HCCA”), which
permits a health practitioner to apply to
in the sense that she had stipulated that
had notice of Dr. Taylor’s intention to
gave them the right to do anything that a
medication even if it is in the patient’s
refuse treatment against medical advice.
Marsden v. Taylor,
2006 CanLII 34214
ian and Trustee (“PGT”). The PGT authorized treatment with Aspirin and
Punitive Damages (continued)
sible conduct took place over a matter of
there was no suggestion of similar abuse
the fact that the plaintiff’s lawyer had
phasizes the plaintiff’s vulnerability, the
employer’s knowledge of its obligation
to accommodate disability and its failure
necessary to discipline and deter a the cost of the unsuccessful defendant.
to disclose damaging evidence until late
in the trial. It then goes on to review the
the case of Walker v. Ritchie
cult and settled on the figure of of Canada two weeks later.
Keays v. Honda Canada Inc.
, 2006 CanLII 33191
plated. In the present case the reprehen-
Costs Award Confirmed in Bogus Bad Faith Claim
cost of health care services provided the
case of DiBattista v. Wawanesa Mutual
injured party. An interesting issue arises
The case related
plaintiff’s action is dismissed: If costs
are to be awarded against the individual
severely damaged. Their insurer, plaintiff, should the Ministry also be sub-
Wawanesa, resolved the property ject to a costs award?
lengthy trial. The trial Judge found the
process and retained contractors to The issue is addressed by Regulations
the costs incurred up to the date of the
passed under the Health Insurance Act
stipulates that where a
, the defendants sought to
included a subrogated claim on behalf of
In particular, section 39(6) provides that
ally liable with the plaintiffs, who pre-
the taxable costs otherwise payable by the
insured person . . . as the recovery made
the Ontario Health Insurance Plan recovery of the injured person . . . or
(“OHIP”) After a 70 day trial, a jury
sessed claim of [OHIP] bears to the total
(6) of Regulation
552 has no applica-
fault and assessed the plaintiffs’ dam-
tiffs and the Ministry of Health gation to pay costs upon the Ministry. In
(“Ministry”), which administers OHIP.
tice decided the case of Marchand v.
Public General Hospital of Chatham
DiBattista v. Wawanesa Mutual Insurance
. The plaintiff’s personal injury
Our firm specializes in Insurance, Professional Liability & Indemnity, Media & Defamation, Health & Administrative Law, Transportation and Dispute Resolution. These Litigation Notes focus on decisions, actions and events of interest to our clients. We welcome your comments and suggestions.
V.R.P. (Sas) Bersenas 416-982-3802 email@example.com
Game Park Mauled by Court of Appeal
insurance adjuster had a statement from an aunt
ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ ʳ Effect of the Compatibilizer in the Multiwall Carbon Nanotube / Super-toughened Polyethylene Terephthalate Nanocomposites Chen-Feng Kuan1, Kun-Chang Lin2 ,
O Alzheimer, pelo paciente Médico americano conta o processo de desenvolvimento da doença, dos sintomas ao diagnóstico, e como sua rotina mudou. Sou médico aposentado e professor de medicina. E tenho Alzheimer. Antes do meu diagnóstico, estava familiarizado com a doença, tratando pacientes com Alzheimer durante anos. Mas demorei para suspeitar da minha própria aflição. Hoje, sabendo