The First Annual Med-Mal Luncheon Part 2: A Case Comment: Stirrett v Cheema – When does a fiduciary duty exist in the physician-patient relationship?; A Causation Update: One year after Sacks v. Ross |

The First Annual Med-Mal Luncheon Part 2: A Case Comment: Stirrett v Cheema – When does a fiduciary duty exist in the physician-patient relationship?; A Causation Update: One year after Sacks v. Ross

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Substantive: 0.75
50 minutes
Kimberly Knight
Doug Wallace
Middlesex Law Association
50 minutes
$89.00 plus tax
Includes Handouts

Case Comment: A case comment on Stirrett v Cheema – when does a fiduciary duty exists in the physician-patient relationship.

Doug Wallace provides a case comment on Sacks v. Ross, 2017 ONCA 773 and Surujdeo v. Melady, 2017 ONCA 41, two medical negligence cases where the Court of Appeal offered contradictory guidance on the proper form of jury questions as they relate to the law of causation.  He also reviews the more recent Cheung v. Samra, 2018 ONSC 3480 decision and discussed how the trial judges and counsel are continuing to struggle with how to explain causation to juries in the aftermath of the Supreme Court’s decision in Clements.


Kimberly Knight

Kimberly is an associate practicing Health Law with medical negligence litigation experience. Her practice focuses on helping those that have been injured through medical negligence. She has experience in representing clients before the Provincial and Superior Ontario Courts of Justice, as well as various administrative tribunals, including the Health Professions Appeal and Review Board and Immigration and Refugee Board.

Kimberly obtained her J.D. from the University of Toronto in 2013. She articled with Siskinds and began practicing Health Law once she was called to the bar in 2014. Prior to obtaining her J.D. degree, Kimberly graduated with High Distinction from the University of Toronto, receiving an Honours B.Sc with a specialist in Environment Science and a major in Biology in 2010. Born and raised in the province of Newfoundland, Kimberly has come to love the Forest City. She enjoys mountain biking, Crossfit, and reading.

Doug Wallace

Doug Wallace  is certified by the Law Society of Ontario as a specialist in Civil Litigation. He was selected by his peers for inclusion in the 2018, 2019 and 2020 editions of Best Lawyers in Canada® (Personal Injury Litigation).

Amateur athlete, social media novice, husband and father of three children, Doug is the managing partner of Wallace Smith LLP.

Born in Sudbury, Ontario he moved to London in 1986 to attend the University of Western Ontario where he obtained Bachelors and Masters degrees in history before attending law school. While attending school, Doug worked for Apple Canada and he maintains an avid interest in the adoption and use of new technologies.

After graduation in 1994, Doug practiced civil litigation at a large firm in London where he represented both plaintiffs and defendants. In 2008, he founded Wallace Smith LPP as a civil litigation boutique where he focuses on personal injury, professional liability, and insurance law. Doug is experienced trial and appellate counsel and has handled cases in the Ontario Superior Court, Divisional Court, Court of Appeal, and Supreme Court of Canada.

He is also consulted regularly on complex coverage issues. Some notable cases include the Algo Mall collapse in Elliot Lake, the Sunrise Propane explosion in Toronto, and the tragic death of eleven migrant workers outside of Stratford.

Doug advocates for professionalism and civility in all aspects of practice. He writes and presents papers in his area of expertise and speaks frequently at legal education and industry conferences.

In his spare time, Doug plays hockey poorly and has an even less impressive golf and tennis game. He coached basketball and soccer for many years and supports the Oakridge and Norwest Optimist Clubs. He is a strong advocate for education and research into brain injury and is an active supporter of several community causes.

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