Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Topic

Appeal

Civil Litigation & Appellate Advocacy

Appellate advocacy and notable appeal outcomes, a core focus of the firm’s practice before the Court of Appeal for Ontario and other appellate courts.

Interior of Osgoode Hall

Shaw Estate v. Handler – Court of Appeal Dismisses ER Doctor’s Appeal of Judgment Against Him Relating to Death of 34-Year Old Mother of 4

Elisha Shaw was 34 and a mother of four when she died after being discharged from an emergency department with an undiagnosed internal hernia. After a 12-day trial, the Ontario Superior Court found the emergency physician negligent. In Shaw Estate v Handler, the Court of Appeal for Ontario has now dismissed his appeal and upheld that finding, bringing the family a measure of finality nearly a decade on.

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Exterior of Osgoode Hall

First Court of Appeal Decision Released in 2025 a Win for Davidson Cahill Morrison LLP

The Ontario Court of Appeal’s first decision of 2025, Kramer v Ballantyne-Gaska, is a win for the firm’s clients. The Court dismissed the vendors’ appeal in full, upholding findings of breach of contract and fraudulent misrepresentation over undisclosed, non-compliant underground gas tanks, and rejecting their attempt to reduce the damages on a betterment theory.

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