We are assisting patients of Windsor and Chatham-Kent hospitals and medical clinics whose data was stolen in October 2023. Patients of Bluewater, Windsor Regional Hospital, Chatham-Kent Health Alliance, Erie Shores HealthCare, and Hôtel-Dieu Grace Healthcare were affected.

Health care providers in Ontario have legal and statutory obligations to protect your information. If they fail in this duty, they are liable for the damages that arise. If you or your family were victims, you may be owed compensation.

If your health care provider has not offered satisfactory compensation, it may be necessary to ask the court to intervene. We can help you prepare, file, and pursue a claim.

Legal Assistance: Contingency Agreement or Flat Rate

 

If you require assistance in drafting a Plaintiff's Claim for Small Claims Court, we charge a flat rate.

If you want us to represent you throughout, we will charge a contingency fee of up to 50% of any payment made. We consider this rate appropriate as, given the large number of people affected by the breach, damage awards are unlikely to be large.

We are ready to help. For more information, please email This email address is being protected from spambots. You need JavaScript enabled to view it..

Note: If you are awarded damages, you will be ineligible for compensation following a class action if one is certified.

Wednesday, 23 June 2021 14:58

Will the court call a witness (for the defence)?

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It's unlikely. In R v LS (2021 ONSC 4429), the defence was looking forward to cross-examining a witness. The Crown changed its mind about calling her. The resourceful defence, relying on R v Finta (1994 SCC 129), asked the Court to call the witness.

The Court decided the circumstances were "very far removed" from those of Finta:

In our case, it is not at all necessary for this Court to call A.C. as a witness at trial.  The defence is perfectly capable of doing so.  In fact, the defence has the fortunate assurance of knowing that A.C. cannot easily resile from the evidence that the defence wants to elicit at trial because I am told that the said evidence is contained, expressly, in the statement that she gave to the police.  Hence, the full toolkit will be available to Mr. Edgar, experienced defence counsel, including sections 9(1) and 9(2) of the Canada Evidence Act, RSC 1985, c C-5, as amended, if necessary. (23)

I admit, the title is a bit of an exaggeration. Detainees have the right to counsel, and police have a positive duty to implement this right. However, the detainee also has duties. In R. v. Sivalingam, 2019 ONCJ 239, Schwarzl, J. provided a good overview of the principles involved. The decision has been cited dozens of times throughout Canada though not, as of June 2021, by a higher court.

[40.]         First, where the police assist the detainee or control the means of exercising his rights to counsel, the police must be reasonably diligent, which is the same standard to which the detainee is held if he was implementing his rights on his own:  R. v. Wilding, 2007 ONCA 853 (CanLII), [2007] O.J. No. 4776 (C.A.); R. v. Vernon2015 ONSC 3943 (CanLII), [2015] O.J. No. 4157 (S.C.J.), leave to appeal refused 2016 ONCA 211; R. v. O’Shea, [2019] O.J. No.  1178 (S.C.J.).

[41.]         Second, while police must be reasonably diligent in assisting the detainee in exercising his rights to counsel, they are not required to exhaust all reasonable means for the detainee to speak with a lawyer: R. v. Winterfield, 2010 ONSC 1288 (CanLII), [2010] O.J. No. 952 (S.C.J.) ¶ 46 – 67R. v. Sharma, [2004] O.J. No. 2991 (S.C.J.).

[42.]         Third, having consideration for the circumstances of each case, the test is not whether the police could or should have done more, but rather whether the police provided the detainee with the necessary information and assistance to allow him to exercise his rights:  R. v. Gentile, [2008] O.J. No. 3664 (S.C.J.) at ¶ 24; R. v. Blackett, [2006] O.J. No. 2999 (S.C.J.) at ¶ 23 – 24, and 29; R. v. Antoninas, 2014 ONSC 4220 (CanLII), [2014] O.J. No. 5226 (S.C.J.) at ¶ 93; and R. v. Vernon, supra.

[43.]         Fourth, the detainee is required to be reasonably diligent in the pursuit of his rights:  R. v. Leclair and Ross (1989), 1989 CanLII 134 (SCC), 46 C.C.C. (3d) 129 (S.C.C.) at p. 135; R. v. Littleford, 2001 CanLII 8559 (ON CA), [2001] O.J. No. 2437 (C.A.); R. v. Richfield (2003), 2003 CanLII 52164 (ON CA), 178 C.C.C. (3d) 23 (Ont. C.A.); R. v. Clarke, 2005 CanLII 15452 (ON CA), [2005] O.J. No. 1825 (C.A.) at ¶ 31-33; R. v. Van Binnendyk, [2007] O.J. No. 2899 (C.A.).

[44.]         Fifth, where a detainee wants to call a specific lawyer or a third party to access counsel, he has a duty to tell the police who he wants to call and why:  R. v. Williams, [2014] O.J. No. 2559 (C.A.) at ¶ 39; R. v. Johnston (2004), 2004 BCCA 148 (CanLII), 183 C.C.C. (3d) 157 (B.C.C.A.); R. v. Antoninas2014 ONSC 4220 (CanLII), [2014] O.J. No. 5226 (S.C.J.); R. v. Cheema, 2018 ONSC 229 (CanLII), [2018] O.J. No. 121 (S.C.J.) at ¶ 31; R. v. Mumtaz, [2019] O.J. No. 229 (S.C.J.) at ¶ 25 – 28.

[45.]         Sixth, unless the detainee expresses to the police dissatisfaction with the legal advice received, he is not entitled to Charter relief:  R. v. Neziol, [2001] O.J. No. 4372 (S.C.J.); R. v. Kumarasamy, [2002] O.J. No. 303 (S.C.J.); R. v. Cairns, 2004 CanLII 17588 (ON CA), [2004] O.J. No. 210 (C.A.); R. v. Burley (2004), 2004 CanLII 9437 (ON CA), 181 C.C.C. (3d) 463 (Ont. C.A.); R. v. Clarke, supra at ¶ 31- 33; R. v. Traicheff, [2008] O.J. No. 4361 (S.C.J.), aff’d [2010] O.J. No. 5355 (C.A.); R. v. Shoker, [2016] O.J. No. 4563 (S.C.J).

On the facts, the court found that the Defendant had not demonstrated that it was more likely than not that the police breached his right to counsel.

Sunday, 29 September 2019 21:49

Limits to Cross-Examination

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As cross-examiner, you can (and should) be vigorous and thorough. It is not "abusive" to challenge a witness on unpleasant things, for example, their biases or their criminal record, as long as your question is asked in good faith and is not intended to mislead the witness. But there are limits.

The field of negligence is delineated by considerations of whether it is appropriate, or fair, for a duty of care to be imposed. Modern courts have worked to define and elaborate this duty. In so doing, they have sought to define and describe the essential aspects of the duty of care. This article examines the features of the tort of negligence, and the tests and rules that have developed and refined the tort, by applying them to a hypothetical scenario involving an automobile accident.

 

Courts have identified six types of damages that a person (or corporation) can claim as compensation for loss or injury. Which types might Small Claims actually award a successful plaintiff? Here is a break down.

Tuesday, 03 September 2019 17:39

Rules of the Ontario Court - Steps of a Trial

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If you are charged with committing a provincial offence (POA) in Chatham-Kent, your trial will be held at the Ontario Court of Justice. If you are self-represented, be sure to review the Rules. The most important of these, as they pertain to a trial, are summarized below.

Saturday, 17 August 2019 10:40

Types of Provincial Offences

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There are three types of provincial offences: mens rea, strict liability and absolute liability. The type of offence has consequences for both the prosecutor and the defendant. A two-step analysis may be used to identify the type of offence.

Have you been served with a Plaintiff's Claim in Chatham? If so, do not ignore it. A successful plaintiff could empty your bank account, garnish your wages, even have your car and house seized and sold. 

Procedural fairness is, or should be, a fundamental principle of administrative law, the law that regulates state (in Canada, provincial, territorial and federal) agencies. Procedural fairness requires, at a minimum, that a person be consulted before a final decision that will impact them is made.