What is a Birth Injury?
Receiving a diagnosis of a birth injury, or even suspecting that one may have occurred, is one of the most difficult experiences a family can face. Before you can take any steps forward, it helps to understand exactly what these terms mean, both in everyday language and under Canadian law.
Birth Injury vs. Birth Trauma
In common usage, the terms “birth injury” and “birth trauma” are often used interchangeably, but they do carry different meanings in a clinical and legal context.
Birth trauma refers to physical injury caused by the mechanical forces of labour and delivery, the pressure, pulling, or instrumentation involved in getting a baby safely out of the birth canal. Examples include bruising, bone fractures, or nerve damage caused by a difficult delivery. In many cases, minor birth trauma is unavoidable and resolves on its own within days or weeks.
Birth injury is a broader term that encompasses any harm to the newborn that occurs during pregnancy, labour, delivery, or in the immediate period after birth. This includes not only physical trauma but also injuries resulting from oxygen deprivation, infection, medication errors, or a failure to respond appropriately to signs of fetal distress.
Canadian Legal Definition
Canadian law does not use a single statutory definition of “birth injury.” Instead, birth injury claims are pursued under the broader framework of medical negligence (also called medical malpractice), which is grounded in the law of negligence as developed through case law and provincial legislation.
To establish a birth injury claim in Canada, a plaintiff must demonstrate:
- That a duty of care existed between the medical provider and the patient
- That the provider breached the accepted standard of care
- That this breach caused the injury (causation)
- That the injury resulted in measurable damages
These four elements, duty, breach, causation, and damages, form the foundation of any medical negligence claim in Canada, including birth injury cases.
The standard of care in obstetrics is defined as what a reasonable and competent practitioner in the same specialty, in similar circumstances, would have done. It is not perfection; it is the accepted practice of peers in the field.
Why the distinction matters
Understanding the difference between an unavoidable complication and a preventable injury is the first question any lawyer will work to answer when reviewing your case. Medical records, imaging, and expert testimony are all used to establish the timeline of events and determine whether the outcome was truly unavoidable or whether a different course of action could have, and should have, been taken.
What Conditions are commonly associated with Birth Injury?
Birth injuries range from mild and temporary to severe and permanent. The conditions below are among the most commonly seen in birth injury claims in Canada. Not all of them are visible at birth, some only become apparent as a child develops and misses expected milestones.
Brain and Neurological Conditions
Hypoxic Ischemic Encephalopathy (HIE)
HIE occurs when the brain does not receive enough oxygen (hypoxia) and blood flow (ischemia) around the time of birth. It is one of the leading causes of death and disability in newborns and can lead to cerebral palsy, cognitive impairment, and epilepsy. Severity ranges from mild (full recovery possible) to severe (permanent disability or death).
Cerebral Palsy (CP)
Cerebral palsy is a group of permanent movement disorders caused by damage to the developing brain. It affects muscle tone, movement, and motor skills. It may also affect speech, cognition, and sensory processing. CP is one of the most frequently litigated outcomes in birth injury cases in Canada.
Developmental Delays and Cognitive Impairment
Oxygen deprivation and brain injury can affect a child's ability to reach developmental milestones in areas such as language, memory, attention, and learning. Some children are not diagnosed until school age, when learning differences become more apparent.
Seizure Disorders and Epilepsy
Brain injury during birth can disrupt the brain's electrical activity, leading to seizure disorders. In some cases, seizures begin in the newborn period; in others, epilepsy may not be diagnosed until later in childhood.
Physical and Nerve Injuries
Brachial Plexus Injuries (including Erb's Palsy)
The brachial plexus is the network of nerves that controls movement and sensation in the arm and hand. These nerves can be stretched or torn during a difficult delivery, particularly in cases of shoulder dystocia (where the baby's shoulder becomes stuck behind the mother's pubic bone). The result may be weakness, paralysis, or loss of sensation in the affected arm. Mild cases resolve with therapy; severe cases can result in permanent disability.
Skull Fractures and Intracranial Hemorrhage
Improper use of forceps or vacuum extractors during delivery can cause fractures of the skull or bleeding within the brain. These injuries require immediate imaging and treatment and can have lasting neurological consequences.
Bone Fractures
The clavicle (collarbone) is the most commonly fractured bone during birth. Fractures can also occur in the humerus or femur. Most heal without complication, but they are worth documenting as potential evidence of traumatic delivery.
Facial Nerve Palsy
Pressure on the facial nerve during delivery, from forceps or from the position of the baby in the birth canal, can cause temporary or permanent weakness on one side of the face.
How do I know if a birth injury was the cause of a condition?
Connecting a child's diagnosis to events at or around birth is one of the most challenging aspects of these cases, both medically and legally. It requires a careful review of medical records, clinical findings, and expert opinion. That said, parents are usually the first to sense that something is wrong.
Early signs to be aware of
Some signs appear immediately after birth; others only become visible as a child grows. There are some notable signs that may present during different periods that should prompt further investigation.
In the newborn period:
- Low Apgar scores at birth
- Seizures or abnormal movements in the first days of life
- Breathing difficulties requiring resuscitation
- Limpness or abnormal muscle tone
- Feeding difficulties or poor sucking reflex
- Abnormal MRI or brain imaging
In infancy and early childhood:
- Missing motor milestones (rolling, sitting, standing, walking)
- Missing speech or language milestones
- Unusual muscle stiffness or floppiness
- Asymmetry in movement or limb use
- Vision or hearing difficulties not explained by another cause
- Persistent feeding problems
Medical Investigations
Establishing causation requires a thorough review of clinical evidence. This typically includes:
- Birth records and labour and delivery notes
- Fetal heart rate monitoring strips (cardiotocography / CTG traces)
- Neonatal records including Apgar scores, cord blood gas results, and resuscitation notes
- Brain imaging (MRI, CT, or ultrasound) taken in the newborn period
- Subsequent developmental assessments and specialist reports
- Placental pathology reports, if available
Cord blood gas results are particularly important. They provide an objective snapshot of the oxygen and acid levels in the baby's blood at the moment of birth, and can help establish whether a period of oxygen deprivation occurred during labour.
The Role of Expert Opinion
In any birth injury case, expert testimony is always required. Canadian courts have consistently held that plaintiffs cannot establish a breach of the standard of care or prove causation without qualified medical expert evidence.
Expert evidence must meet four criteria: relevance, necessity, absence of an exclusionary rule, and proper qualification of the expert. Courts also require that experts have experience relevant to the specific clinical context.
When to suspect a Birth Injury was caused by Negligence or Malpractice
Not every birth injury gives rise to a legal claim. The critical legal question is whether the care provided fell below the accepted standard, and whether that failure caused your child's injury. Below is an overview of some common ways negligence can occur and the concepts on which they are based. Understanding these may help in advocating for yourself or a loved one.
What is the “Standard of Care”?
The standard of care is the benchmark by which a medical provider's conduct is measured. It asks: what would a reasonable, competent practitioner in the same specialty, with the same information, in the same circumstances, have done?
Obstetrics carries a particularly high standard because of three factors:
Urgency: Conditions can deteriorate rapidly. Delays of minutes can have catastrophic consequences for a newborn.
Anticipation: Providers are expected to recognize warning signs and prepare for complications before they become emergencies.
Communication: In a delivery room involving nurses, obstetricians, midwives, and anaesthesiologists, clear communication between team members is essential. Failures in communication are a common finding in adverse outcome reviews.
These factors are part of why obstetrics carries the highest malpractice insurance premiums in Canada through the Canadian Medical Protective Association (CMPA).
Negligence During Prenatal Care
Negligence does not always occur in the delivery room. A failure to provide appropriate care during pregnancy can contribute to or cause a birth injury. Areas where prenatal negligence may arise include:
Failure to identify or manage risk factors
Conditions such as gestational diabetes, preeclampsia, and uncontrolled hypertension can restrict blood flow to the fetus and increase the risk of injury if not properly monitored and managed. A provider who fails to screen for, diagnose, or adequately treat these conditions may be found negligent.
Placental insufficiency
The placenta is the baby's lifeline. When ultrasound surveillance reveals signs of poor placental function, restricted fetal growth, reduced amniotic fluid, or abnormal blood flow patterns there is an obligation to respond. Failure to act, or failure to arrange timely delivery, can result in the fetus being deprived of oxygen and nutrients over an extended period.
Medication safety
Certain medications and substances are known to carry risks during pregnancy. Healthcare providers have a duty to counsel patients appropriately and to avoid prescribing medications that pose a known risk to the developing fetus without documented clinical justification.
Failure to refer
A general practitioner or midwife who continues managing a high-risk pregnancy without referring to an obstetrician or maternal-fetal medicine specialist may be found to have breached the standard of care.
Negligence During Labour and Delivery
Labour is the highest-risk period. The following are among the most common areas where negligence occurs in the delivery setting:
Failure to respond to fetal distress
During labour, the baby's wellbeing is monitored primarily through fetal heart rate tracings (cardiotocography). An abnormal tracing showing late decelerations, reduced variability, or prolonged bradycardia is a signal that the baby may not be tolerating labour. Failure to recognize these patterns, or recognizing them but not acting in time, is one of the most frequently litigated failures in birth injury cases.
Delay in performing an emergency Caesarean section
When fetal distress is identified, the decision to proceed to a Caesarean section and the speed with which it is carried out are both subject to scrutiny. Guidelines require that in the case of an acute emergency, a C-section should be performed within a defined time window. Delays in the decision-making process or in mobilizing the surgical team can result in prolonged oxygen deprivation.
Improper use of forceps or vacuum extractors
Assisted deliveries carry a higher risk of injury when instruments are used incorrectly, applied too early, used for too long, or used when the clinical circumstances do not justify their use. Improper technique can cause skull fractures, intracranial bleeding, and nerve injuries.
Mismanagement of shoulder dystocia
Shoulder dystocia occurs when the baby's shoulder becomes impacted behind the mother's pubic bone after the head has been delivered. It is a time-critical emergency requiring specific, well-practiced manoeuvres (including the McRoberts manoeuvre and suprapubic pressure). Failure to execute these correctly, or applying excessive traction on the baby's head, can cause brachial plexus injuries and prolonged oxygen deprivation.
Oxytocin (Pitocin) misuse
Oxytocin is used to induce or augment labour. When given in excessive doses or without adequate monitoring, it can cause uterine hyperstimulation contractions that are too frequent or too intense, which reduces the blood flow to the placenta and deprives the fetus of oxygen.
Inadequate pain management or communication
Healthcare providers are required to obtain informed consent, explain risks and alternatives, and ensure that patients understand what is happening throughout labour. Failures in communication between team members, or between the team and the patient can contribute to poor outcomes and may form part of a negligence claim.
The Role of Fetal Heart Monitoring
Fetal heart monitoring deserves particular attention and it sits at the centre of a large proportion of birth injury claims. The cardiotocograph (CTG) produces a continuous record of the baby's heart rate and the mother's contractions throughout labour. Reviewers, both medical and legal, will examine:
- The baseline fetal heart rate (normal range: 110-160 bpm)
- Variability (fluctuations in the baseline, indicating a healthy nervous system)
- Accelerations (brief increases in heart rate, a reassuring sign)
- Decelerations (drops in heart rate, which may indicate distress depending on timing and pattern relative to contractions)
- The frequency and duration of concerning patterns
Errors in this area include:
- Failing to apply continuous monitoring when indicated
- Misclassifying an abnormal tracing as normal
- Failing to escalate care or summon a physician in a timely way
Proving Causation
Establishing that a provider was negligent is only one part of the legal analysis. A plaintiff must also prove that the negligence caused the injury. This is often the most contested issue in birth injury litigation.
The legal test for causation in Canada is the “but for” test: but for the defendant's negligence, would the injury have occurred?
In complex birth injury cases, causation requires expert testimony addressing both the mechanism of the injury and the likelihood that a different course of action would have produced a different outcome. This can be a high bar, and it is one reason why retaining experienced, credible expert witnesses is so important to the success of a claim.
Will a Doctor or hospital inform me if a Birth Injury was caused by Negligent care or Malpractice?
This is one of the most common and most important questions families ask and the honest answer is: not always.
Canadian physicians and hospitals operate under a general duty of candour, an expectation that providers will be open and honest with patients when things go wrong. Many provinces and health authorities have adopted formal disclosure policies aligned with guidelines from the Canadian Patient Safety Institute (CPSI).
In practice, disclosure typically means that a provider will tell you that an adverse outcome occurred and express concern for your family. It does not mean that a doctor or hospital is likely to state plainly that an injury was caused by negligence or that malpractice occurred. The two main reasons for this are:
- Liability concerns mean that admissions of fault are rarely made voluntarily. The Canadian Medical Protective Association (CMPA) provides legal support to physicians and generally advises caution in how information is communicated after an adverse event.
- Causation in birth injury cases is genuinely complex. Even well-meaning providers may honestly not know whether a different course of action would have changed the outcome.
If you suspect that something went wrong, you do not need to wait for a provider to confirm it. You can request your records, seek a second medical opinion, and consult with a lawyer, all without the knowledge or permission of the treating team.
You may also file a complaint with the relevant regulatory college in your province. A regulatory complaint is separate from a legal claim and does not extend any limitation periods, but it can result in an independent investigation and may produce useful findings.
What is the statute of Limitations for a Birth Injury Claim?
A statute of limitations (also called a limitation period) is the legal deadline by which a lawsuit must be started. Missing this deadline generally means losing the right to sue, regardless of the merits of the claim. In birth injury cases, these rules are particularly important and more flexible than in most other personal injury cases.
General Limitation Periods in Atlantic Canada
Each Atlantic province has its own limitations legislation. These limitations come from each province's respective “Limitation of Actions Act.” The general periods are:
Nova Scotia: The Limitation of Actions Act (SNS 2014, c 35) sets a basic limitation period of 2 years from the date the claim was discovered. An ultimate limitation period of 15 years applies from the date the act or omission occurred.
New Brunswick: The Limitation of Actions Act (SNB 2009, c L-8.5) sets a 2-year basic limitation period from discovery, with an ultimate period of 15 years.
Prince Edward Island: The Statute of Limitations (RSPEI 1988, c S-7) applies a 2-year period for personal-injury and negligence claims (s. 2(1)(d)), though courts may apply discoverability principles to extend this.
Newfoundland & Labrador: The Limitations Act (SNL 1995, c L-16.1) provides a general 2-year period from discovery.
The Discoverability Principle
The discoverability principle is critical in birth injury cases. The limitation clock does not necessarily start on the date of the birth. Rather, it typically begins when the plaintiff knew, or reasonably ought to have known, that:
- An injury occurred
- The injury was caused by an act or omission of a medical provider
- A legal claim was potentially available
Because many birth injuries are not diagnosed until months or years after birth and because families may not connect a diagnosis to medical negligence without the benefit of expert advice, the discoverability principle can significantly extend the time available to bring a claim.
Claims on Behalf of a Child
In all Atlantic provinces, the limitation period for a claim brought on behalf of a minor is suspended (paused) until the child reaches the age of majority (18 years old). This means that, in most circumstances, an injured child has until their 20th birthday (or later, depending on the province and the discoverability date) to bring a claim.
What are the damages and compensation amounts typical for Birth Injury claims in Canada?
Birth injury cases in Canada can involve very significant amounts of compensation, reflecting the lifelong nature of many injuries. However, the Canadian legal system also imposes limits on certain categories of damages that families should be aware of.
Types of Damages
Damages in a Canadian birth injury claim generally fall into the following categories:
Non-Pecuniary General Damages (Pain and Suffering)
These compensate for the child's (and sometimes the parents') pain, suffering, and loss of enjoyment of life. They are inherently difficult to quantify.
Pecuniary Special Damages (Out-of-Pocket Losses)
These cover actual financial losses already incurred, including:
- Medical expenses not covered by provincial health insurance
- Cost of therapy (physiotherapy, speech therapy, occupational therapy)
- Assistive devices and home modifications
- Travel and accommodation for medical appointments
Future Care Costs
This is typically the largest component of damages in a serious birth injury case. A life care planner (usually a nurse or rehabilitation specialist) prepares a detailed plan projecting the child's lifetime care needs and associated costs. These may include:
- Ongoing personal support worker (PSW) costs
- Specialized equipment (wheelchairs, communication devices, orthotics)
- Medications
- Anticipated medical procedures
- Housing modifications
In severe cases, such as a child with profound cerebral palsy requiring 24-hour care, future care costs can sometimes reach several million dollars.
Loss of Future Income / Earning Capacity
Compensation may be awarded for the income the child would reasonably have expected to earn over a working lifetime had the injury not occurred.
Loss of Housekeeping and Home Management Capacity
In cases where the child's disability will limit their ability to manage a household independently, compensation may be awarded for the cost of those services.
Family Members' Claims
Parents and siblings may in some circumstances claim damages for care they have personally provided to the injured child (care-giving claims), as well as claims under provincial family law legislation for loss of the child's care, guidance, and companionship.
The Cap on Non-Pecuniary Damages
Canada's Supreme Court established a cap on non-pecuniary (pain and suffering) damages in a series of cases in the 1970s; Andrews v Grand & Toy Alberta Ltd., Thornton v Board of School Trustees, and Arnold v Teno.
Adjusted for inflation, this cap is approximately $430,000 to $450,000 as of the mid-2020s.
It is important to understand that this cap applies only to pain and suffering damages. There is no cap on future care costs or other pecuniary losses, which means total awards in serious birth injury cases can, and do, run into the millions of dollars.
Structured Settlements and Future Care Costs
In large birth injury settlements and judgments, compensation for future care is often paid through a structured settlement (a series of periodic payments) rather than a single lump sum. This can provide tax advantages and ensures a consistent income stream for the child's lifetime. Structured settlements are common in Canadian birth injury cases and are typically set up through a life annuity with an insurance company. Families should be aware that accepting a lump-sum settlement extinguishes all future claims arising from the same injury. A settlement should never be accepted without careful legal advice and, in most cases, independent financial planning advice as well.
How much does it cost to pursue a Birth Injury claim in Canada?
Birth injury litigation can be very expensive and time consuming. These cases require multiple expert witnesses, extensive document review, and often years of legal work. However, most families are not required to pay anything out of pocket during the course of the litigation.
Contingency Fee Arrangements
The vast majority of birth injury claims in Canada are handled on a contingency fee basis. This means that the lawyer is paid a percentage of the amount recovered at the end of the case, rather than an hourly rate. If the case is unsuccessful, the lawyer receives no fee.
Contingency fees in medical malpractice cases in Atlantic Canada typically range from 25% to 33% of the final recovery, though this can vary depending on the complexity of the case and whether it settles early or proceeds to trial. Fee arrangements must be set out in a written agreement, and in some provinces are subject to court approval in cases involving minors.
This arrangement means that access to justice in birth injury cases is not dependent on a family's ability to pay upfront, the lawyer takes on the financial risk of pursuing the claim.
Disbursements and Expert Costs
Separate from legal fees are disbursements, the out-of-pocket costs of running the litigation. In a birth injury case, these can be substantial and include:
- Medical expert fees (individual expert reports can cost $10,000 to $30,000 or more)
- Life care planning reports
- Court filing fees
- Transcript and discovery costs
- Travel expenses for witnesses and counsel
In many contingency arrangements, the law firm advances these costs on behalf of the client, to be repaid from the recovery at the end of the case. Families should always clarify how disbursements are handled and what happens to them if the case is unsuccessful before retaining counsel.
What if you lose?
If a birth injury case goes to trial and the plaintiff is unsuccessful, the general rule in Canadian civil litigation is that the losing party may be ordered to pay a portion of the successful party's legal costs (known as costs awards).
In practice, this is one of the most significant financial risks of proceeding to trial, and it is one reason why settlements, even at amounts below what might be recovered at trial, are carefully considered.
A good lawyer will discuss this risk with you plainly, and will help you weigh the potential outcomes at each stage of the litigation.
How long does a Birth Injury case typically take in Canada?
Birth injury cases are among the longest and most complex in the civil justice system. Families should realistically expect the process to take several years from the first consultation to resolution. Understanding the stages involved can help manage expectations.
Stages of a Birth Injury Claim
Initial Consultation and Case Evaluation (1 to 3 months)
The lawyer will gather preliminary information, review any available medical records, and assess whether the case has sufficient merit to proceed. Some firms work with a medical consultant at this stage to provide a preliminary opinion.
Record Collection and Expert Review (6 to 18 months)
Obtaining the complete medical record including labour and delivery notes, CTG strips, neonatal records, and imaging. This is the foundation of the case and can take time, particularly if records are incomplete or must be sourced from multiple facilities. Once collected, the records are reviewed by medical experts who prepare formal opinions on the standard of care and causation.
Issuing the Claim (filing a Statement of Claim)
Once the legal team is satisfied that the expert evidence supports the claim, a Statement of Claim is issued and served on the defendants. This formally starts the court process and stops the limitation clock.
Pleadings and Discoveries (1 to 2 years)
The defendants respond with a Statement of Defence. Both sides then exchange documentary evidence (production and inspection), and the key witnesses are examined, including the treating physicians, nurses, and expert witnesses under oath in a process called examinations for discovery (questioning). Discovery is a major phase of litigation and often where the key strengths and weaknesses of each side's case become clear.
Pre-Trial Mediation or Negotiation (ongoing)
Settlement discussions can happen at any stage, but are often most productive after discoveries, when both sides have a fuller picture of the evidence. Many provinces also require a formal mediation or pre-trial conference before a case can proceed to trial.
Trial (if settlement is not reached)
Trials in birth injury cases can last anywhere from two to six weeks or longer, depending on the number of witnesses and experts. Trial dates in Atlantic Canada can be difficult to obtain quickly, and it is not uncommon for a trial date to be set two to three years after discoveries are completed.
When Settlements Are Most Likely
The majority of birth injury cases that proceed past expert review are resolved by settlement before or during trial. Settlements most commonly occur:
- After the completion of discoveries, when both sides have assessed their positions based on full disclosure
- After a formal mediation session, which is a structured negotiation process facilitated by a neutral third party
- In the days or even hours before trial begins, when the reality of proceeding becomes concrete for both sides
No settlement should be accepted without a thorough understanding of what it means for the child's lifetime care needs.
The Reality of Protracted Litigation
It is not unusual for complex birth injury cases in Canada to take five to eight years, or longer, from the initial consultation to final resolution.
This is not a reason to avoid pursuing a legitimate claim. It is a reason to begin the process thoughtfully, retain experienced counsel, and prepare for a long but potentially life-changing process for your family.
How to choose a Lawyer for a Birth Injury claim
Choosing the right legal representation is one of the most important decisions you will make in this process. Birth injury litigation is a highly specialized area of law, and not every personal injury or medical malpractice lawyer will have the depth of experience these cases require.
The following are questions worth asking and factors worth considering:
Experience in medical malpractice specifically
General personal injury experience is not sufficient. Ask whether the lawyer has specifically handled birth injury or obstetric negligence cases, and ask about outcomes.
Track record with expert witnesses
Birth injury cases are won or lost largely on the quality of expert evidence. Ask whether the lawyer has established relationships with credible medical experts in obstetrics, neonatology, and paediatric neurology, and whether they have experience assessing and presenting complex medical evidence.
Resources to advance the case
Because disbursements can run into the hundreds of thousands of dollars before a case is resolved, it is important to retain a firm with the financial capacity to advance these costs over a multi-year litigation. Ask directly how the firm handles disbursements and what happens to those costs if the case is unsuccessful.
Communication style
You will be working with this lawyer for potentially many years. The right lawyer will explain the process clearly, keep you informed of developments, and be honest with you about both the strengths and the weaknesses of your case. A lawyer who only tells you what you want to hear is not serving your interests.
Willingness to give a frank assessment
After reviewing the records, a good lawyer should be able to give you an honest opinion of the merits of your claim including whether the evidence of negligence and causation is strong enough to justify proceeding.
Fee transparency
Ensure that the contingency fee percentage, how disbursements are handled, and what costs you might face if the case is unsuccessful are all clearly set out in writing before you sign a retainer agreement.
Additional Support Resources
Medical Information and Support
Conditions and Family Support
- Cerebral Palsy CanadaInformation on cerebral palsy, support programs, and resources for families
- Epilepsy CanadaInformation on seizure disorders and living with epilepsy
- Erb's Palsy Group CanadaSupport and information for families affected by brachial plexus injuries
Clinical and Patient Safety
- SickKids Hospital, Hypoxic Ischemic Encephalopathy (HIE)Detailed clinical information on HIE
- Canadian Patient Safety Institute, Disclosure of Adverse EventsInformation about patient rights and disclosure standards
Legal Research Resources
Legal Liability and Referral
- Canadian Medical Protective Association (CMPA)Background on medical liability in Canada
- Law Society of Nova ScotiaLawyer Referral Service
- Law Society of New BrunswickLawyer Referral
Provincial Law Societies
- Law Society of Prince Edward Island
- Law Society of Newfoundland and Labrador
- CanLIIFree access to Canadian case law
References Used in This Guide
The following sources were drawn upon in preparing this guide:
Legal Texts and Case Law
- Robertson & Picard, Legal Liability of Doctors and Hospitals in Canada (5th ed.)Irwin Law, 2017
- Andrews v Grand & Toy Alberta Ltd [1978] 2 SCR 229
- Bailey v Young, 2022 NSSC (Supreme Court of Nova Scotia)
- Miller et al v Dow et al, 2017 NBQB
- Khan v Lee, 2014 ONSC
- Suwary v Librach, 2015 ONSC
- KS v Willox, 2018 ABCA
- Uribe v Tsandelis, 2019 ONSC
- Cheung v Samra, 2018 ONSC
- Dudas v Munro, 1997 BCJ
Provincial Limitations Legislation
- Nova Scotia Limitation of Actions Act (SNS 2014, c 35)
- New Brunswick Limitation of Actions Act (SNB 2009, c L-8.5)
- PEI Statute of Limitations (RSPEI 1988, c S-7)
- Newfoundland and Labrador Limitations Act (SNL 1995, c L-16.1)
Clinical Guidelines
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