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Landmark Medical Malpractice Judgment

Thursday, January 27, 2005 - "Family wins one of largest medical malpractice judgments in Ottawa history."

Mr. Cogan was recently successful in obtaining one of the largest medical malpractice judgments in Ottawa. The case involved the events surrounding the birth of Peter Trajdos in June 1993. As a result of the delivery, Peter suffered severe physical and cognitive impairments. After a lengthy trial, Judgment was rendered in December 2003 in favour of the Plaintiffs. The Court awarded a total of $5.23 million for general damages, future loss of income and future care costs for Peter and his family.

The Defendants appealed the decision. Prior to the appeal being heard, the parties reached a confidential settlement in August 2004.

To read the Judgment please click on the link below.
http://www.canlii.org/on/cas/onsc/2003/2003onsc11970.html



Police Search Policy Ruled Illegal

Friday, January 28, 2005

On January 21, 2005, the Ontario Court rendered a decision with respect to the Ottawa Police Service policy in spousal assault matters. The policy, according to the testimony of police officers at the Trial, held that any firearms located on the premises were to be confiscated regardless of the circumstances. In the case before the Court, the accused had been removed from the premises earlier and there was no danger posed to the officers or the other occupants of the house, nor was there any involvement of weapons in the alleged assault. Officers proceeded nonetheless to seize the firearms pursuant to the policy. The Court held that the admission of the firearms into evidence would bring the administration of justice into repute as the search of the individual's home without permission was a gross Canadian Charter of Rights and Freedoms violation. The actions of the officers, although done out of concerns for the safety of the citizens in the home, was illegal and improper and could have been done in keeping with the provisions already available in the Criminal Code.

As a result, Mr. Cogan was successful in challeging the illegal policy of the Ottawa Police Service which significantly infringed upon a citizen's right to privacy in their home and to be free from unreasonable search and seizure. Given the Court's ruling, the police policy is now called into question in all such spousal assault calls to which the police respond in Ottawa.




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