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The Supreme Court of Canada heard one appeal in January and will hear seven more in February and March that may interest the business community or organizations facing civil litigation:
January Decision of the SCC
The Supreme Court of Canada allowed the appeal in the
medical malpractice case,
Armstrong v Royal Victoria Hospital, 2019 ONCA 963. The plaintiff underwent colon surgery and suffered injury to her ureter in the process due to it coming into close proximity with a LigaSure device. The surgeon was found negligent at trial. The Ontario Court of Appeal overturned the trial judge s decision, holding that he improperly applied the standard of care analysis by focusing on the goals that surgeons aim to achieve in performing surgery (i.e., keeping the LigaSure a certain distance from the ureter), rather than the means used to achieve those goals. The Supreme Court adopted the decision of the dissent at the Court o
Issues in sex-assault trials top busy winter docket for Supreme Court Bookmark Please log in to listen to this story. Also available in French and Mandarin. Log In Create Free Account
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Adrian Wyld/The Canadian Press
A federal law protecting sexual-assault complainants from being “ambushed” in court by e-mails or notes they wrote to the accused faces a major test at the Supreme Court this winter.
The law – which defence lawyers say makes it difficult to conduct an effective cross-examination – is among the biggest changes to how sexual-assault trials are conducted in the past 20 years.