Kingsway Health et al. ats Henry

2023 ONSC 663

“The report of [Plaintiff’s expert] is based on the assumptions of [the Plaintiff], which I do not accept. The report of Mr. McEvoy is based on [the Plaintiff’s] partially provided historical information and on relevant statistical information. I prefer the report of Mr. McEvoy.”

- Judgment in 2023 ONSC 663
Damages assessment in a personal injury matter involving a medical malpractice claim alleging negligence.

This action involved a medical malpractice claim by an individual relating to treatment related to an Achilles tendon injury. The Plaintiff claimed that, but for the medical negligence of the Defendants, she would have continued to diversify and grow her therapy and consulting business.

CHS was retained by Counsel for the Defendants as financial experts to quantify the losses allegedly suffered by the Plaintiff and to comment on the Plaintiff’s expert report.

The trial judge dismissed the action. However, the trial judge noted that, had he found the Defendant’s responsible for the Plaintiff’s losses, he would still have found no loss of past income as per the “medium scenario outlined in Mr. McEvoy’s report. For future losses, the trial judge also noted, “I prefer the report of Mr. McEvoy.”

Level of Court