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ARTICLE · 27 NOVEMBER 2019

The Uncertainty Behind Ontario's Limitation Periods

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Cheesman et al v. Credit Valley Hospital et al, 2019 ONSC 4996, the Ontario Supreme Court of Justice provided guidance on some key evidentiary issues: 1)

CanadaLitigation, Mediation & Arbitration

Cheesman et al v. Credit Valley Hospital et al, 2019 ONSC 4996, the Ontario Supreme Court of Justice provided guidance on some key evidentiary issues: 1) cross-examination of parties who have settled in multi-party litigation, and 2) the admissibility of PowerPoint and other demonstrative aids to facilitate expert testimony.

In this medical malpractice case, the plaintiff, Lorena Cheesman, had been admitted to hospital for treatment of an infection of the inner orbit of her eye. A series of complications ensued, and she left the hospital six months later with both her feet and nine of her fingers amputated. Ms. Cheeseman and her dependents sued her physicians, nurses and the hospital for medical malpractice. The physicians cross-claimed against the nurses, claiming that if there was a breach of the applicable standard of care, liability should be apportioned to the nurses.

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