Cheung v. Samra
| Jurisdiction | Ontario |
| Court | Superior Court of Justice of Ontario (Canada) |
| Judge | D.L. Corbett, Lederer and Boswell JJ. |
| Citation | 2020 ONSC 4904 |
| Docket Number | 772/18 |
| Date | 27 August 2020 |
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6 practice notes
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Sean Omar Henry v. Dr. Marshall Zaitlen
...In Cheung v. Samra, 2018 ONSC 3480 (“Cheung (ONSC)”), at paras. 16 and 44, aff’d 2020 ONSC 4904, 453 D.L.R. (4th) 295 (Div. Ct.) (“Cheung (Div. Ct.)”), Justice D. Wilson rejected the use of the words “caused or contributed” in the causation q......
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Levac v. James
...SCC 32, at para 6. The burden of proof of causation remains with the Plaintiff: Cheung v Samra, 2018 ONSC 3480, at para 52, aff’d 2020 ONSC 4904 (Div Ct).  [114]     As the Supreme Court of Canada described it in Clements, supra, at para 8: The test for showi......
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Cheung v. Samra
...the Divisional Court (Justices David L. Corbett, Thomas R. Lederer and R. Cary Boswell), dated August 27, 2020, with reasons reported at 2020 ONSC 4904, affirming the order of Justice Darla A. Wilson of the Superior Court of Justice, dated June 5, 2018, with reasons reported at 2018 ONSC Pa......
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Fedoriuk v Howard
...particulars of causation given by the jury were insufficient. She ordered a new trial. 60 The case was appealed to the Divisional Court ( 2020 ONSC 4904). Corbett J.'s dissent has garnered much attention. It was his view that the jury should not have been asked to provide “reasons” at all. ......
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5 cases
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Sean Omar Henry v. Dr. Marshall Zaitlen
...In Cheung v. Samra, 2018 ONSC 3480 (“Cheung (ONSC)”), at paras. 16 and 44, aff’d 2020 ONSC 4904, 453 D.L.R. (4th) 295 (Div. Ct.) (“Cheung (Div. Ct.)”), Justice D. Wilson rejected the use of the words “caused or contributed” in the causation q......
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Levac v. James
...SCC 32, at para 6. The burden of proof of causation remains with the Plaintiff: Cheung v Samra, 2018 ONSC 3480, at para 52, aff’d 2020 ONSC 4904 (Div Ct).  [114]     As the Supreme Court of Canada described it in Clements, supra, at para 8: The test for showi......
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Cheung v. Samra
...the Divisional Court (Justices David L. Corbett, Thomas R. Lederer and R. Cary Boswell), dated August 27, 2020, with reasons reported at 2020 ONSC 4904, affirming the order of Justice Darla A. Wilson of the Superior Court of Justice, dated June 5, 2018, with reasons reported at 2018 ONSC Pa......
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Fedoriuk v Howard
...particulars of causation given by the jury were insufficient. She ordered a new trial. 60 The case was appealed to the Divisional Court ( 2020 ONSC 4904). Corbett J.'s dissent has garnered much attention. It was his view that the jury should not have been asked to provide “reasons” at all. ......
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1 firm's commentaries
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Jury Questions: When To Ask For Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904
...Surujdeo v. Melady, 2017 ONCA 41, at para. 114. 5. Poonwasee v. Plaza, 2018 CarswellOnt 9928, 2018 ONSC 3797 (Ont. S.C.J.) at para 17. 6. 2020 ONSC 4904. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your s......