ANNE POSNO is counsel at Lenczner Slaght.
She received a B.A. from the University of Western Ontario and graduated with an LL.B. from Osgoode Hall in 1991.
Anne has a very broad civil litigation practice and an impressive track record, with an emphasis on medical negligence cases, privacy law, commercial litigation, employment litigation and professional liability.
As well, Anne enjoys a developing appellate practice.
Anne regularly appears as lead counsel in the Superior Court of Justice, before the Toronto Commercial List and multiple administrative tribunals including the Human Rights Tribunal of Ontario, the Office of the Privacy Commissioner of Canada, the College of Physicians and Surgeons of Ontario and the Consent & Capacity Board. Anne’s practice also involves cases before the Ontario Court of Appeal and before the Federal Court.
Anne is a member of the Canadian Bar Association and The Advocates’ Society.
CASES
A representative list of Anne’s cases follows:
Sinopoli v. Walling, 2009 HRTO 50 (CanLII) – successful defence of a physician in a human rights complaint wherein the complainant alleged that the physician discriminated against him on the grounds of disability because he was not accepted as a new patient. The complainant lives with a severe disability as a result of a brain injury. The Tribunal held that there was no discrimination. The complainant was not accepted as a new patient because he wanted house calls. The Human Rights Commission also challenged the physician’s new patient interview process as constituting systemic discrimination. This claim also failed.
Sandoz Canada Inc. v. Biovail Corporation, Court File No. T-1245-06, November 14, 2008 – Federal Court ruling on the proper interpretation of section 8 of the PM(NOC) Regulations denying the plaintiff’s claim for disgorgement and accounting of the defendant’s profits, adopting the decision of Mr. Justice Hughes in Apotex Inc. v. Merck & Co. Inc. et al, 2008 FC 1185.
Workentin (Litigation guardian of) v. Hospital for Sick Children, [2008] O.J. No. 3182 - successful defence of a pediatric surgeon in a negligence action involving the diagnosis and treatment of an atypical presentation of Hirschsprung’s disease.
Senger v. Lachman, [2008] O.J. No. 1654: - successful appeal of the dismissal of an action based on a faulty jury charge in an action involving a MVA and a bicycle resulting in the death of the appellant’s 15 year old son. A new trial was ordered.
Lawrence Estate v. Alexander, [2008] O.J. No. 820 - successful defence of a general surgeon in a negligence action involving the medical management of a post-operative complication following cholecystectomy and the diagnosis of necrotizing pancreatitis to which the patient ultimately succumbed.
Vescio (Litigation guardian of) v. Garfield, [2007] O.J. No. 2624 - successful defence of pediatrician in a negligence action involving the discharge of a new born who subsequently developed severe hyperbilirubinemia and suffered brain damage.
Thunder Bay Regional Health Sciences Centre Re: C.X.M. (Mental Health Act) decisions dated September 26, 2006, and January 11, 2007 and Thunder Bay Regional Health Sciences Centre Re: B.A.C. (Mental Health Act) decision dated October 31, 2006 - sequential Consent & Capacity Board hearings to clarify the proper interpretation of s. 14 of the Mental Health Act (“MHA”) in two matters involving the challenge of an involuntary admission to a psychiatric facility of a minor as an informal patient under s. 12 of the MHA, in accordance with s. 24 of the Health Care Consent Act.
Rupert v. Toth, [2006] O.J. No. 882 - trial of an action involving the death of a 68 year old man, who failed to return to his physician for follow-up treatment of a tumour in a sinus cavity
Erinwood Ford Sales Ltd. v. Ford Motor Co. of Canada, [2005] O.J. No. 1970 - Successful injunction by local car dealership to preclude termination of Dealer Service Sales Agreement by franchisee Ford.
November 11, 2005 decision of the Honourable Coulter Osborne, Arbitrator: Successful defence and successful counterclaim for breach of contract on behalf of a large debt collection company.
Filkus et al v. York Central Hospital et al, decision of Loukidelis J. released August 9, 2004 - Successful defence of an orthopaedic surgeon in an action involving an alleged delay in diagnosis of a spinal tumour following knee replacement surgery.
Farah (Litigation guardian of) v. Errett, [2004] O.J. No. 483 - successful defence of a vascular surgeon in an action involving the repair of a ruptured popliteal artery in association with the repair of an open, dislocated right knee.
Millgate Financial Corp. v. BF Realty Holdings Ltd.; Canadian Broadcasting Corp. Pension Plan (Trustee of) v. BF Realty Holdings Ltd. (2000), 10 B.L.R. (3d) 188 (S.C.J) - Successful defence of a trial of an issue involving a corporate restructuring of all or substantially all of a subsidiary’s assets to secure refinancing.
PAPERS/ARTICLES
The Problems with Wrongful Life, and various damages implications: There should be no cause of action owed to a future fetus by a physician providing medical treatment to a mother. Presented on September 25, 2008 at the 4th Annual Update Personal Injury Law and Practice for Osgoode Professional Development.
