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Butter Torts: A Truly Canadian Legal Podcast

Jul 9, 2021

Brenda Agnew, your host, welcomes Jan Marin to today’s episode. Jan and Ryan Breedon recently conducted the case of Amstrong vs. the Royal Victoria Hospital that went to the Supreme Court of Canada. Listen to this episode where Jan shares the details of this case, the legal journey that took it so far, and what that means for the analysis of standard care and causation for other similar cases in the future.


Key Takeaways:

[1:57] Jan talks about how the case of Armstrong vs Dr. Ward (a surgeon at the Royal Victoria Hospital) started.

[12:55] Surgical cases are rarely easy.

[20:02] Jan shares the experts’ statements and how the surgeon’s malpractice was proved.

[24.18] They received a notice of appeal.

[27:04] You can hold a physician to a standard of perfection.

[31:22] Jan finds out they allowed the appeal, a heart-sinking moment.

[35:54] 90% of civil case appeals are refused by the Supreme Court.

[42:27] Jan shares the moment she started investigating if there was an element of proficiency required in the case.

[43:55] Going to the Supreme Court in the middle of a pandemic.

[49:04] You can’t change your strategy on appeal.

[50:43] What is the impact that Amstrong vs Royal Victoria Hospital will have on other similar cases?

[52:50] This case can be important for other tort matters, not just medical malpractice.


Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.


Learn more about Armstrong vs Royal Victoria Hospital


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