Wawrzyniak v. Livingstone

JurisdictionOntario
CourtSuperior Court of Justice of Ontario (Canada)
JudgeCAVANAGH
Citation2019 ONSC 4900
Date20 August 2019
Docket NumberCV-10-409585

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5 practice notes
  • Court Of Appeal Summaries (September 22-26, 2025)
    • Canada
    • Mondaq Canada
    • October 1, 2025
    ...(4th) 101 (Ont. C.A.), Syl Apps Secure Treatment Centre v. B.D., 2007 SCC 38, Paxton v. Ramji, 2008 ONCA 697, Wawrzyniak v. Livingstone, 2019 ONSC 4900, Childs v. Desormeaux, 2006 SCC 18, Smith v. Jones, [1999] 1 S.C.R. 455, McCreight v. Canada (Attorney General), 2013 ONCA 483, R. v. Imper......
  • McKee v Shahid
    • Canada
    • Court of Appeal (Ontario)
    • September 25, 2025
    ...83, Paxton v. Ramji, 2008 ONCA 697, 92 O.R. (3d) 401, leave to appeal refused, [2008] S.C.C.A. No. 508 and Wawrzyniak v. Livingstone, 2019 ONSC 4900. He concluded that, while those cases did not find a duty of care, they did not establish on a categorical basis that a physician can never ow......
  • Lavery v. Community Living British Columbia
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 6, 2022
    ...human rights complaint. The only proper party was the child. [60]        In Wawrzyniak v. Livingstone, 2019 ONSC 4900, the plaintiff was the daughter of the deceased patient and claimed damages arising from a duty of care owed to her by her father’s......
  • Alafi v. Lindenbach
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 4, 2022
    ...The potential for a healthcare professional to face conflicting duties was also considered in Wawrzyniak v. Livingstone, 2019 ONSC 4900.  Cavanagh J. considered whether a duty of care was owed by a physician to a family member of or substitute decision-maker for the physician’s ......
  • Get Started for Free
5 cases
  • 2025 ONCA 666
    • Canada
    • January 1, 2025
    ...83, Paxton v. Ramji, 2008 ONCA 697, 92 O.R. (3d) 401, leave to appeal refused, [2008] S.C.C.A. No. 508 and Wawrzyniak v. Livingstone, 2019 ONSC 4900. He concluded that, while those cases did not find a duty of care, they did not establish on a categorical basis that a physician can never ow......
  • McKee v Shahid
    • Canada
    • Court of Appeal (Ontario)
    • September 25, 2025
    ...83, Paxton v. Ramji, 2008 ONCA 697, 92 O.R. (3d) 401, leave to appeal refused, [2008] S.C.C.A. No. 508 and Wawrzyniak v. Livingstone, 2019 ONSC 4900. He concluded that, while those cases did not find a duty of care, they did not establish on a categorical basis that a physician can never ow......
  • Lavery v. Community Living British Columbia
    • Canada
    • Supreme Court of British Columbia (Canada)
    • May 6, 2022
    ...human rights complaint. The only proper party was the child. [60]        In Wawrzyniak v. Livingstone, 2019 ONSC 4900, the plaintiff was the daughter of the deceased patient and claimed damages arising from a duty of care owed to her by her father’s......
  • Alafi v. Lindenbach
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 4, 2022
    ...The potential for a healthcare professional to face conflicting duties was also considered in Wawrzyniak v. Livingstone, 2019 ONSC 4900.  Cavanagh J. considered whether a duty of care was owed by a physician to a family member of or substitute decision-maker for the physician’s ......
  • Get Started for Free
1 firm's commentaries
  • Court Of Appeal Summaries (September 22-26, 2025)
    • Canada
    • Mondaq Canada
    • October 1, 2025
    ...(4th) 101 (Ont. C.A.), Syl Apps Secure Treatment Centre v. B.D., 2007 SCC 38, Paxton v. Ramji, 2008 ONCA 697, Wawrzyniak v. Livingstone, 2019 ONSC 4900, Childs v. Desormeaux, 2006 SCC 18, Smith v. Jones, [1999] 1 S.C.R. 455, McCreight v. Canada (Attorney General), 2013 ONCA 483, R. v. Imper......