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Precedent Decision Regarding Privacy of Medical Information


Every person in Ontario will be affected by this precedent case before the Court regarding the privacy of medical information. The issue is whether or not patients have the right to sue for damages for the tort of breach of privacy when someone intentionally and wrongfully gains access to their medical records. In Ontario, the legislation covering this subject is the Personal Health Information Protection Act, (“PHIPA”) however, the statute only grants very restrictive access to the Courts and only if the Privacy Commissioner, after a hearing, grants permission to sue. The legislation also limits damages to $10,000.00.
J. Arthur Cogan argued the matter on behalf of 280 patients of the Peterborough Regional Health Centre in a class action brought by him on their behalf. This is the first case in Ontario to decide the issue. Mr. Cogan succeeded in the Superior Court of Ontario and the matter has been appealed by the Hospital in the Ontario Court of Appeal. The decision has been reserved and a number of other cases are now on hold pending this decision. [Read More]



$8.5 Million - Birth Injury Settlement - Cerebral Palsy


J. Arthur Cogan achieves $8.5 Million settlement for cerebral palsy case caused by failing to deliver baby in a timely manner, causing brain damage due to lack of oxygen. [Read More]



$8 Million - Birth Injury Settlement - Cerebral Palsy


J. Arthur Cogan achieves $8 Million settlement for damages due to cerebral palsy by failing to administer blood transfusions for kernicterus causing high bilirubin levels which resulted in brain damage to 34 week premature infant. [Read More]



$7.2 Million - Birth Injury Settlement - Cerebral Palsy


J. Arthur Cogan achieves $7.2 Million settlement for cerebral palsy case caused by failing to deliver baby in a timely manner, causing brain damage due to lack of oxygen. [Read More]



$3.5 Million - Birth Injury Settlement


J. Arthur Cogan achieves $3.5 Million settlement for shoulder dystocia as a result of delivery effected by improperly rotating head and not shoulders with hands causing skull fracture but not visible brain damage resulting in delayed intellectual development. [Read More]



*New* birth injury settlement


J. Arthur Cogan recently achieved another multi-million dollar birth injury settlement for his client. [Read More]



Record-breaking birth injury settlement


J. Arthur Cogan recently achieved another multi-million dollar birth injury settlement for his client. [Read More]



Lawyer Profiles


J. Arthur Cogan

J. Arthur CoganMr. J. Arthur Cogan established the Law offices of J. Arthur Cogan in 1994, after 28 years as a senior partner with the law firm Cogan and Cogan. Mr. Cogan has more than 36 years of legal experience. In 1976 he was appointed as Queen's Counsel...[Read More]



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