Our featured firm in Vaughan is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. Because Neinstein Personal Injury Lawyers focuses on HIE and publishes birth-injury and brain-injury results, it stands out among the firms we reviewed. Before calling, find out who'd handle your child's file and who pays the costs. Since every listed office is outside Vaughan, check how meetings work. See the limitation rules in the Ontario law guide.
Jeremy Syrtash leads the medical malpractice litigation practice at Diamond & Diamond Lawyers LLP. He earned a BA from Yeshiva University (2010) and a JD from the University of Ottawa (2013), was called to the Bar of Ontario in 2014, and has acted as counsel and co-counsel in medical malpractice cases across Canada, many involving pediatric and obstetrical negligence.
Called to the Bar of Ontario, 2014 · JD, University of Ottawa · Best Lawyers: Ones to Watch in Canada, Health Care Law (2024 to 2027)
Among Neinstein Personal Injury Lawyers' published results are a $14 million birth-injury result and several medical-negligence results involving brain injury. Because its site covers HIE and cerebral palsy, families can ask about those specific claims. Those results don't predict yours.
Stood out in our review for the results it publishes and the recognition it has earned.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Best for: Families considering a birth-injury trial
Among Paul Cahill's published results is an $11.5 million jury verdict for a child born with cerebral palsy. Alongside other birth injuries, his site covers HIE, and much of his practice involves medical negligence. Although that combination supports his place here, you can't use a verdict from another case to establish your claim's value.
Stood out in our review for the recognition it has earned and how much of its work is medical malpractice.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Not sure who to call first?
Tell us what happened. A malpractice lawyer who serves Vaughan can look at it with you, and it costs nothing.
When clients describe Bogoroch & Associates LLP, they repeatedly mention patient explanations and being kept informed. A missed follow-up appears in one report. Before you hire, settle who your contact for the file will be.
Stood out in our review for the recognition it has earned and what its clients say.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Best for: Families seeking an established injury firm
Founded in 2000, Howie, Sacks & Henry runs an established personal injury practice. Alongside HIE and birth injury, its site covers cerebral palsy, and medical malpractice appears among the practice areas the firm lists. Among the lawyers it names is Meghan M. Hull Jacquin.
Stood out in our review for the recognition it has earned and its years of experience.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
When the lawyer reads your account, they also check the limitation period. From discovery, Ontario generally allows 2 years. If the claim is for a child, the lawyer must consider their age and whether a litigation guardian is acting.
Records and medical assessment
To assess the claim, the lawyer starts with delivery notes and other medical records. Whether an act or omission caused or contributed to the injury, and what care was required, are addressed in medical opinions. Beforehand, ask who pays for those opinions.
Starting the lawsuit
To start the lawsuit, you file a statement of claim. Although Ontario doesn't require an affidavit or certificate of merit to begin a claim, the lawyer must still check the filing deadline and rules affecting a child's claim.
Expert reports
To explain medical issues, the court uses expert reports. Under Ontario's court rules, reports on the standard of care and causation must be served. When you ask what those opinions support, also have the lawyer explain which issues remain disputed.
Resolution and damages
Ask which losses the claim could address, including how it might be resolved. For economic losses such as future care, Ontario has no statutory cap. For non-financial harm, compensation takes the form of non-pecuniary damages, which a national judge-made cap limits.
Malpractice claims in Vaughan: the rules that matter
The filing deadline in Ontario
The clock startsWhen you found out, or should have
Time to start a claim2 yearsMiss it and the claim is usually lost.
At the very most15 yearsafter the treatment, with a few exceptions
Limits on damages in Ontario
Pain and sufferingCapped at about $484,330
All damages togetherNo overall cap
Expert paperworkNo affidavit or certificate of merit is required to start a claim.
A written agreementThe share the lawyer takes, set out before work starts.
If you recover moneyThe agreed share and the case costs come out of it.
If the claim failsNo legal fee on a contingency agreement. Ask about costs.
On this list, most firms say they work on contingency. If the claim fails, there's no lawyer's fee; otherwise, the lawyer receives a share of any recovery. Along with court fees, charges for records and medical opinions may apply as separate case costs. Who advances those costs, or carries them if the claim is unsuccessful, isn't explained in the firms' listed information. Ask for that explanation in writing, including how the lawyer works out their share. Before you start the consultation, check that the meeting you've actually booked is free.
Five of the six listed firms say they work on contingency, with a free consultation also offered.
What to bring to your first call
Any medical records you have, including delivery notes
A short timeline you've written about the birth and any concerns that followed
Names of those involved in providing health care
Any medical reports you have, including your child's HIE diagnosis
Records of care-related expenses, including bills
Any hospital letters or letters from an insurer
Dates when you first suspected the injury was linked to the care
Details of anyone already acting as litigation guardian for your child
Questions to ask a lawyer
1When you've handled HIE or birth-injury claims, which were they and what did you do?
2If we have questions, who'll answer and handle our file?
3To assess the claim, what records and medical opinions do you need?
4For our child, how would Ontario's limitation period apply?
5If this consultation is free, what work does it include?
6What calculation do you use for your contingency fee?
7If the claim fails, who pays case costs?
8Where would we meet, given that your listed office is outside Vaughan?
Choose the lawyer who can explain your child's file
Before looking at general injury advertising, check the firm's work on HIE claims. If the lawyer has handled claims for a child with HIE, ask what they did in those cases. You can discuss specific cases drawn from published birth-injury results. Whether your child's care fell below the required standard isn't something those results establish.
Along with a short account of what happened, bring any delivery notes you have. To review the claim, which other records and medical opinions would the lawyer need? To start a claim in Ontario, you don't need an affidavit or certificate of merit. The court's rules do, however, require service of expert reports on the standard of care and causation (whether the care caused or contributed to the injury).
Check the clock before comparing firms
There's also an ultimate limitation period of 15 years under the Ontario Limitations Act. If a claim arises while a child has no litigation guardian, that clock is suspended too. You can't work out the deadline from age alone. When you speak to the lawyer, explain when your concerns began and whether anyone has already acted as litigation guardian.
Make the working arrangements clear
Ask who'll work on the file, including who you can contact when you need updates. Although review themes suggest questions to ask, they don't reflect every client's experience.
Before the consultation begins, confirm that it's free. Although VC Lawyers advertises a free consultation, concerns about consultation charges came up in one review.
Before signing, ask the lawyer for the fee agreement. If the claim fails, who pays for medical opinions, and how does the lawyer calculate their share?
Ask where you'd meet the lawyer. Because every listed office is outside Vaughan, the location may affect how you'd choose to work with the firm.
Before hiring, pause if costs haven't been explained clearly or your questions haven't been answered. If someone promises a result based on another family's settlement, that's a warning sign. Before you agree, make sure you understand what the proposed arrangement means. Although this is general information rather than legal advice, an Ontario lawyer can explain how these rules apply to your family's circumstances.
Questions people ask
How long do we have to start an HIE claim in Ontario?
When discovery occurs, the basic limitation period of 2 years starts. You discover a claim when you knew, or reasonably should have known, an injury occurred because of a provider's act or omission, which caused or contributed to it, and a lawsuit was appropriate. If the claim is a child's, additional rules apply. Have an Ontario lawyer review the dates that matter to your family's claim.
Does the deadline wait until our child turns 18?
If the claimant is under 18 with no litigation guardian for the claim, Ontario's 2-year clock doesn't run. As addressed in Wong v. Lui, 2023 ONCA 272, the 15-year ultimate period is also suspended when a claim arises while a minor has no litigation guardian. Age alone isn't enough to calculate the deadline.
Do we need a medical report before calling a lawyer?
To start a claim in Ontario, you don't need an affidavit or certificate of merit. In practice, the court's rules require service of expert reports addressing the standard of care and causation. To assess the claim, which records and opinions would a lawyer need? Arranging those opinions yourself isn't something you should assume you have to do.
Does an HIE diagnosis prove medical negligence?
Whether a provider's act or omission caused or contributed to the injury, or the care met the required standard, can't be established by the diagnosis alone. In Ontario malpractice claims, those questions are addressed through expert reports. To assess what happened, how would the lawyer use the delivery records for your child alongside medical opinions?
Can we speak to a Vaughan-area lawyer without paying upfront?
Free consultations and contingency arrangements are offered by five listed firms, according to their information. Because Paul Cahill's listed information confirms neither, check with him directly. Before meeting, check the terms, as one VC Lawyers reviewer raised a concern about consultation charges. Who pays later case costs isn't settled just because the consultation is free.
What happens to costs if the claim fails?
If the claim fails, the lawyer receives no fee under the contingency arrangement described here. That doesn't cover case costs. Who carries charges for records and medical opinions, along with court fees, after an unsuccessful claim is a separate question that the listed information doesn't answer. Before signing the written agreement, ask for an explanation in it of your obligation to pay those costs.
How long will an HIE lawsuit take?
How long an HIE claim takes isn't established by this list. When you speak to the lawyer, ask them to explain the stages your file may need, including medical assessment and expert reports. From published verdicts, you can see that some listed lawyers have taken birth-injury claims to trial. How long your family's claim would take isn't something those verdicts tell you.
Is there a limit on compensation for a child's future care?
For economic losses such as future care or lost income, there's no statutory cap in Ontario. A national judge-made cap does apply to non-pecuniary damages, which compensate people for non-financial harm. You can't value a claim from that difference alone. To support the losses that may apply, ask an Ontario lawyer what you'd need to provide.
What should we do if our child died after a suspected birth injury?
Alongside birth injury, several listed firms cover wrongful death, including Neinstein Personal Injury Lawyers and Bogoroch & Associates LLP. When you tell the lawyer when you first became concerned about the care, bring any medical records you have. To learn who may bring a claim and which limitation rules apply, speak to an Ontario lawyer. Your family's circumstances determine the answers to those questions.
1
Jeremy Syrtash
