Is latency a factor in determining when a plaintiff’s care needs to be provided by an occupational therapist?
Ontario, Canada
The following excerpt is from Cheesman et al v. Credit Valley Hospital et al., 2019 ONSC 5783 (CanLII):
Rolley v. McDonnell 2018 ONSC 163 provides a good recent example of latency. In that case, the plaintiff’s occupational therapist filed a report indicating that the plaintiff required 4.22 hours per day or 29 hours per week of care. At trial, the occupational therapist proposed to testify that the plaintiff required care, not in a single discrete block of 4.22 hours but intermittently between the time he got up at 6:30 a.m. and went to bed at 10 p.m.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining the determination of a plaintiff's costs in a personal injury case? (Ontario, Canada)
What factors are considered to be determinative in determining whether a person will be successful in their claim to be a property owner? (Ontario, Canada)
What factors factor in determining whether a child becomes disentitled to support for education expenses after leaving the relationship? (Ontario, Canada)
What are the factors used to determine whether a child's education needs to be changed? (Ontario, Canada)
What are the factors to be considered in determining a plaintiff's claim? (Ontario, Canada)
Does the fact that the underinsurer is an active participant in defending the litigation be a factor in determining a plaintiff's costs? (Ontario, Canada)
What is the importance of providing an occupancy certificate and a home sufficiently completed for occupancy? (Ontario, Canada)
What are the factors used by the court to determine whether a spouse is entitled to occupation rent when they are no longer paying support? (Ontario, Canada)
What factors will the court consider in determining whether to award damages to a plaintiff in a motor vehicle accident in a different county? (Ontario, Canada)
What are the factors used to determine when occupation rent is claimed? (Ontario, Canada)
