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

Cerebral Palsy case receives Court approval in the amount of $8.5 million dollars on February 18, 2010 for 7-year old infant. The judgement stated that the settlement was in the best interests of the minor.

The Chief Judge also noted the case was a complex birth injury in the very technical and difficult area of tort litigation. However, the Chief Judge noted:

"The Solicitor (J. Arthur Cogan) is an accomplished specialist in medical litigation including obstetrical negligence actions and I find he demonstrated a high level of skill, judgement and competence in his management of this case."

In 2008, Mr. Cogan obtained an out of court settlement in the amount of $12.5 million for a 10-year old infant who suffered birth injuries due to the negligence of care givers.

Large Settlement - Cerebral Palsy - Birth Injury

November 2008
As reported in the Ontario Report, the Official Law Publication of cases in Ontario, a settlement was reached in excess of $12.5 million dollars on behalf of a cerebral palsy infant for delay of delivery.

This was one of the largest settlements in Canada for cerebral palsy and the largest in Ottawa.

The Supreme Court of Ontario reported that "an excellent and outstanding result was achieved with a settlement of $12.5 million dollars. The amount of settlement is almost double the previous highest award for a cerebral palsy birth case and twice the estimated value of the plaintiff's damages by the settlement conference master and three times the amount of the defendant's experts' opinion on damages. The results are exceptional in these circumstances."

This latest record-breaking birth injury settlement follows another case from 2003, whereby J. Arthur Cogan after a lengthy trial, successfully won in excess of $5 million for a cerebral palsy infant involving delay of birth.

In the past number of years many significant multi-million dollar settlements were successfully completed by J. Arthur Cogan on behalf of injured infants.

Precedent Language Challenge

May 2006

J. Arthur Cogan has recently represented the non-profit group Canadians for Language Fairness in their lawsuit against the City of Ottawa over its bilingualism by-law which came into effect in January 2004.

Cogan argued that the requirements for bilingualism within the City of Ottawa hiring policy should be proportionate to the demographics of the City of Ottawa. Cogan rejects 100% bilingualism requirements for all senior management positions which results in unfair discrimination to anglophones and favours francophones to all senior management positions. The ratio is 5 to 1 in favour of anglophones according to the 2002 census.

For further information please visit the Canadians for Language Fairness (CLF) website at www.languagefairness.ca

Canadians for Language Fairness

The Court has advised that they will hear our Application concerning the validity of the Bilingual Policy of the City of Ottawa the week of February 6th, 2006.

Arthur Cogan key note speaker - Canadians for Language Fairness

Mr. Cogan will be the key note speaker at a luncheon being held on Sunday May 29, 2005 at 2:00 p.m. at Best Western Macie's, 1274 Carling Avenue. This is a fund raising lunch hosted by the Canadians for Language Fairness in an effort to fund their legal challenge against the City of Ottawa's billingual hiring policies.