Kelly Hayden
[email protected]
Direct line: 416.945.1955
Kelly’s developing practice encompasses a broad range of patient advocacy and health litigation. She has years of experience on complex medical malpractice matters, including cases involving obstetrical injuries, surgical complications, delayed or missed diagnoses, catastrophic brain injuries and privacy breaches. Kelly spent her first few years of practice at Lenczner Slaght LLP, where she acted on behalf of physicians who had been sued for medical malpractice or subject to complaints at the College of Physicians and Surgeons of Ontario. Kelly now acts for patients pursuing claims against physicians, hospitals, nurses and other healthcare professionals. Her experience representing physicians provides her with a unique perspective that assists her in securing strategic advantage for her clients.
Kelly also has extensive experience in public law and professional regulation, acting on behalf of members as well as various Colleges and regulatory bodies as investigation and prosecution counsel. Kelly has appeared before the Court of Appeal of Ontario, the Superior Court of Justice and a number of statutory tribunals. From 2021-2023, Kelly brought her experience to the classroom, serving as an instructor in Administrative and Regulatory Law for Toronto Metropolitan University. She has also led seminars in medical ethics for the University of Toronto Faculty of Medicine. While at law school, Kelly represented inmates as part of the Prison Law Program and sat on the Executive of the Sexual Health Resource Centre.
Kelly has a reputation for delivering advice and arguments in a straightforward and no-nonsense manner, inspiring confidence both in and out of the courtroom. Her ability to drill down on key issues and think strategically makes her an effective advocate, whether representing clients at trial or through negotiating settlements.
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HIGHLIGHTED CASES
- Cha v Boutcher: Counsel to defendant physician in a trial involving allegations of surgical negligence.
- GC v Jugenburg: Counsel to a plastic surgeon in a proposed class action relating to alleged privacy breaches, as well as in relation to a discipline hearing for professional misconduct.
- Law Society of Ontario v Sorrenti: Counsel to the Law Society of Ontario in an application to have a trustee appointed over a Lawyer’s mortgage administration practice.
- Mazzucco v Herer: Counsel to the defendant physicians in a jury trial of a complex medical malpractice action relating to a stroke following childbirth. Includes important interim ruling relating to deductibility of disability benefit.
- College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario v Yatwah Cheung: Counsel to the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario in a contested discipline hearing involving allegations of false advertising and making claims to patients not supported by reasonable professional opinion.
- Faas v Centre for Addiction and Mental Health Foundation: Counsel to the respondent Centre for Addiction and Mental Health Foundation in an application and appeal by a donor to have an investigation conducted by the Public Guardian and Trustee into how the Foundation had used his donation. The Foundation was successful in resisting the relief sought at the application stage, and in having that decision upheld at the Court of Appeal for Ontario.
- College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario v George Li: Counsel to the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario in a contested discipline hearing involving allegations of fraud. An appeal was commenced by the member which was successfully dismissed for delay by the College. The dismissal was upheld at the Divisional Court, and leave to appeal the Divisional Court’s decision to the Court of Appeal was denied.
- Warwaruk v Jones-Carter: Counsel to defendant physician in a trial involving allegations of negligence in management of shoulder dystocia. Decision includes important consideration of the causation principles applicable to medical malpractice actions generally.
