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Peter F. Yaniszewski

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A medical thumb original Legal Causation in Medical Malpractice Claims

Hemmings v Peng - the issue of remoteness of damage (“legal causation”) in the context of a medical malpractice claim. 

A dominoes thumb original Novus Actus Interveniens (Intervening Cause) And "But For" Causation

This paper was first published with Advocates' Quarterly in their September 2023 issue. The defence of novus actus interveniens is ringed in by various conditions and limitations to the extent that there is relatively little opportunity for its application. The major limitation is that it is unavailable where the later negligent conduct was reasonably foreseeable, "was the very thing that should have been anticipated", or "the very kind of thing which is likely to happen."

A closed covid original COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts

Following up our recent article on Business Interruption amid the COVID-19 pandemic, the March 30, 2020, Ontario Superior Court decision MDS Inc. v. Factory Mutual Insurance Company continues to remind us that the old adage, ‘you get what you pay for' rings loud and true...