What constitutes a material discloseable risk in a personal injury application?

Ontario, Canada


The following excerpt is from Kovacich v. St. Joseph's Hospital, 2004 CanLII 34934 (ON SC):

Aside from what could be basic and generally known risks, a classification of possibilities is necessary to determine what constitutes a material discloseable risk. The court, in Hopp v. Leppe, recognized that there are some possibilities that have grave consequences if materialized. The seriousness of the consequence may make for enhanced materiality and may very well transcend the remoteness of the possibility to in fact require disclosure. The court did not seek to include within such risks, those risks described above as being within the public domain.

Other Questions


Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
What is the current state of the law on personal injury representation in personal injury cases? (Ontario, Canada)
What personal details have been disclosed in a personal injury case? (Ontario, Canada)
How have the courts in Canada dealt with the issue of personal injury cases involving personal injury claims? (Ontario, Canada)
What is the legal test for disbursements of personal injury compensation in personal injury cases? (Ontario, Canada)
Is a motion to add as parties to a personal injury action for personal injury costs granted? (Ontario, Canada)
Can a lawyer be personally liable for costs in a personal injury action? (Ontario, Canada)
What is the test for pleading material facts in a personal injury action? (Ontario, Canada)
If costs cannot be agreed upon by counsel for the Respondent and the Applicant in a personal injury action, what is the date for costs? (Ontario, Canada)
What is the test for using an application in a personal injury matter? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.