11-year-old Jennifer Crump was taken to hospital by her mother after complaining of symptoms consistent with appendicitis. Her family doctor sent Jennifer to the hospital with a note asking that she be investigated for appendicitis. The Emergency Room physician who saw Jennifer later that day also suspected appendicitis and requested a surgical consult from the defendant, Dr. Ali Otman Fiture. Dr. Fiture assessed Jennifer that same evening and declared that she likely did not have appendicitis and sent her home without ordering an ultrasound. Jennifer's appendix burst a few days later, resulting in serious injury and the need for emergency, life-saving surgery. Following a hotly contested trial, Justice Hugh O'Connell held that Dr. Fiture had breached the standard of care and rendered judgment in favour of Jennifer Crump.
Dr. Fiture appealed this trial decision.
The Court of Appeal Upheld the Trial Judge's decision to find in favour of Jennifer Crump. The Court of Appeal agreed that Dr. Fiture breached the surgical standard of care and that his negligence resulted in perforation of Jennifer's appendix and the complications that followed. This decision was a total vindication of Jennifer's case and the outcome achieved at trial. It was an incredibly emotional verdict and appeal decision for Jennifer and her mother, Victoria.
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Mr. M. was a pedestrian hit by a motor vehicle. He suffered devastating physical and psychological injuries and his insurance company denied him benefits.
An Arbitration proceeded through the Financial Service Commission (FSCO). A hearing was conducted over the course of several weeks. During the proceedings Mr. M and his family testified as well as his Doctors. The insurance company fought back. They called medical experts and Doctors who countered Mr. M and his team of Doctors.
Ultimately, Mr. M was successful. He was deemed by the Financial Services Commission to be "Catastrophically Impaired". As a result, Mr. M. secured close to $2,000,000.00 in benefits to be used for his post-accident rehabilitative needs.
Download a PDF copy of the Decision of Arbitrator J. Killoran
M.V. was involved in a serious motor vehicle accident in which he was at fault. He sustained severe injuries and was dealing with his Insurance Company by himself for years. After being presented with an offer to settle his case for $100,000.00 from his Insurance Company he thought twice and called Leone Murray to make sure he wasn't missing anything. The case was taken over by Leone Murray and was litigated resulting in a settlement of $1.2 million.
L.B. Was involved in a serious high speed collision. He was knocked unconscious and suffered fractures to his upper body including his collar bone. L.B. lived in a rural area and access to health care was challenging. Leone Murray`s team put in place a health care team which accommodated his location. He made great strides in his recovery. His case was settled within two years for over $2 million.
When Ms. B. was out shopping with her family at a local grocer. Suddenly, some items fell from a shelf and landed on her head. She was stunned at first. Her injuries did not seem serious. However, as time passed it was discovered that the incident left her with deep psychological trauma associated with a mild brain injury. As Ms. B. progressed her symptoms worsened to the point that she no longer could work and had difficulty functioning in her family life. Despite the Defendant Corporation ascertaining expert medical opinion, Ms. B and her family were able to secure a financial settlement close to $1,000,000.00
It was an average Sunday morning in rural Ontario when Mr. G. was driving a country road. Suddenly, and without warning, Ms. J. crossed the centre line and collided into Mr. G.s vehicle sending it careening into the ditch. Mr. G. suffered a number of fractures which left him unable to return to his pre-accident work as a mechanic. The case was moved forward quickly and a settlement was reached for almost $1.25 million.
A group of young friends went out for a late night drive. Unfortunately, for all in the car, the driver lost control of his highly powered parents car and left the highway flipping the car in the process. Mr. S. was a passenger. He moved around violently in the rolling car and was left with a broken lower back. We assisted Mr. S. in getting the best medical care possible which resulted in a great recovery from devastating injuries. Today he does not even require pain medication. His case moved forward and was settled for close to $750,000.00.
A small family owned construction company leant one of their work trucks to a long time employee to drive home, He had worked for the company for close to 10 years. He drove to work most days in his Honda. When the employee was driving the vehicle he was in an accident. It turned out, unbeknownst to anyone at the company, he did not have a license. When the construction company let their insurance company know what happened, they denied coverage. This exposed the company to a large lawsuit on their own without insurance coverage that they had paid yearly premiums on for many years. The issue was hard fought and went to Court before the Honourable Justice Belobaba. As a result of our submissions to Court, cross-examination of the insurance mop any, legal research and strength of our clients' testimony, the Court held that the insurance company owed a duty to defend and indemnify the construction company and further penalized the insurer with legal costs.
Download a PDF copy of the Decision of Justice Belobaba
A beautiful summer's day on the lake turned deadly. When Mr. T was piloting his boat through the narrows of Georgian Bay near Parry Sound he did not expect to be broadsided by an approaching vessel travelling 20 miles per hour on the water. The collision was severe with one boat travelling right over top of the length of the other vessel. A trial took place before the Honourable Justice Rivard. The two litigants had completely different versions of how the accident happened. Ultimately, it was decided in our clients favour as his evidence was presented more persuasively.