Standard of Care | 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.

Paul Cahill to Present at OTLA Spring Conference 2026 on Surgical “Never Events” and Recognized Complication Cases

Davidson Cahill Morrison LLP May 4, 2026

Proving surgical negligence means proving what happened behind the closed doors of an operating room, often with no independent witnesses and operative notes written hours later. At the OTLA Spring Conference 2026, Paul Cahill presents on the difficult line between surgical “never events” and “recognized complications,” and why outcome alone is never enough to establish liability.

Hudson Chalmers of Davidson Cahill Morrison LLP Participates as a Judge in the 2026 Legate Injury Lawyers’ Medical Malpractice Moot

Davidson Cahill Morrison LLP March 18, 2026

For the third year running, Hudson Chalmers of Davidson Cahill Morrison LLP served as a trial judge at the medical malpractice moot run by Legate Injury Lawyers and the Western Health Law Association. This year’s problem turned on an emergency physician’s alleged failure to diagnose a pre-term, premature rupture of membranes.

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.

Hudson Chalmers Judges Western Law’s Medical Malpractice Moot Trial

Hudson Chalmers March 4, 2025

On February 25, 2025, Hudson Chalmers volunteered as a judge at Western Law’s Medical Malpractice Moot Trial, organized by Legate Injury Lawyers and the Western Health Law Association. The hypothetical turned on whether an emergency physician met the standard of care in a delayed stroke diagnosis. He reflects on advocacy, expert evidence, and this year’s exceptionally strong students.

Navy Davidson Cahill Morrison LLP title card reading "Filing a Complaint Against an Ontario Doctor," labelled Medical Malpractice Patient Guide, from dcmlaw.ca.

How to Make a Complaint Against a Physician to the College of Physicians and Surgeons of Ontario (CPSO)

Paul Cahill July 20, 2024

In Ontario, a complaint to the College of Physicians and Surgeons (CPSO) and a medical malpractice lawsuit are two separate paths that do different things: one holds a doctor to account, the other seeks compensation. This guide explains how the CPSO complaint process works, what the College can and cannot do, the possible outcomes and your review rights, and how a complaint differs from a claim.

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.