Causation | Davidson Cahill Morrison LLP

Navy Davidson Cahill Morrison LLP title card reading "Ottawa Floods and Construction Defects," with a photo of partner Peter Reinitzer.

After the Deluge: When Ottawa Basement Flooding Points to Construction Deficiencies

Peter Reinitzer July 14, 2026

The historic Canada Day 2026 storm left thousands of Ottawa homeowners tearing out drywall and replacing ruined furnaces. But an extraordinary weather event does not absolve builders and engineers of liability: where one home floods while its neighbours stay dry, the real cause may be a hidden construction defect, and that opens a very different path to recovery, if you act before the limitation clock runs out.

Navy Davidson Cahill Morrison LLP title card reading "Slatkovsky v Machado", with the line "A non-delegable permit duty and a dual agent's duty to disclose". Case comment, civil litigation, from dcmlaw.ca.

Unpermitted Renovations and Dual Agency: Key Takeaways from Slatkovsky v Machado

Peter Reinitzer June 19, 2026

A Puslinch century farmhouse looked beautifully renovated. The structural work had no building permit, and no one disclosed it. In Slatkovsky v Machado, the Ontario Superior Court held both the vendors and their double-ending agent liable, awarding the buyers $150,318 and confirming that the owner’s permit duty cannot be passed off to a contractor.

Davidson Cahill Morrison LLP Sponsors the 2026 OTLA Cup

Paul Cahill March 5, 2026

Davidson Cahill Morrison LLP was proud to sponsor the 2026 OTLA Cup, held March 5 at the Hamilton Superior Court of Justice. Ontario law students argued a layered negligence trial arising from a residential gas explosion, before a three-judge panel. Congratulations to this year’s award winners.

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

Paul Cahill December 16, 2025

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.

Hudson Chalmers Judging Medical Malpractice Mock Trial

Hudson Chalmers of Davidson Cahill Morrison LLP Participates in Medical Malpractice Mock Trial at University of Toronto

Davidson Cahill Morrison LLP December 1, 2025

At the 8th Annual University of Toronto Mock Trial Cup, Hudson Chalmers of Davidson Cahill Morrison LLP volunteered as a trial judge. The hypothetical: a 13-year-old boy who suffered an ischemic stroke in the waiting room while a blood test that should have taken 30 to 45 minutes took two and a half hours. The problem turned on standard of care and causation, the two questions at the heart of most medical malpractice litigation.

No Damages Awarded for “The Building that Blew Up”: $16 Million Damages Claim Dismissed After 13-Years of Litigation

Margaret Klassen November 10, 2025

Liability for the 2010 laundry-room gas explosion was admitted, so the only question at trial was damages, and the plaintiffs sought more than $16 million. After a four-week trial and nearly 13 years of litigation, Justice Schabas of the Ontario Superior Court dismissed the action entirely, finding the plaintiffs had not proven the explosion caused their claimed losses. Christopher Morrison and Margaret Klassen acted for the fourth parties.

Non-Earner Benefits Denied Because of Medical Malpractice

Paul Cahill December 4, 2024

It is not uncommon for a car accident victim to suffer further harm through medical negligence while being treated for accident-related injuries. In Midak v RSA, the Licence Appeal Tribunal denied non-earner benefits after finding the claimant’s traumatic brain injury arose from a later fall at a pain clinic, not the accident itself. The decision is a useful study in causation and the interplay between malpractice and statutory accident benefits.

Can I Sue for Medical Malpractice in Ontario?

Paul Cahill May 4, 2024

Anyone can start a medical malpractice lawsuit in Ontario, but very few succeed. Drawing on two decades representing patients against doctors and hospitals, Paul Cahill explains what you have to prove, whether a claim actually punishes the doctor, how long you have to sue, what it costs, what it is worth, and how long it takes.

Medical Malpractice in the Emergency Room: An Ontario Patient’s Guide

Davidson Cahill Morrison LLP February 16, 2024

Emergency departments save lives every day, but a missed diagnosis or a delay in urgent treatment can cause devastating harm. This guide explains when an emergency room error becomes medical malpractice in Ontario, what you have to prove, whether the hospital or the physician is responsible, the deadline to sue, and the steps to take if you suspect something went wrong.