IN
THE SUPREME COURT OF BRITISH COLUMBIA

Date: 20100527

Docket: S070700

Registry:
Vancouver

Between:

Irene Fong

Plaintiff

And

Al Deglan, Drew Sagar, David Benoit, Laura Andrews,
Jane Doe,
The British Columbia Rugby Union, Meraloma Club

Defendants

Before:
The Honourable Mr. Justice Sewell

Reasons for Judgment

[1]          
On May 6, 2010 I heard an application by the plaintiff, Irene Fong, to
amend her statement of claim to add a claim pursuant to s. 2(1) of the Health
Care Costs Recovery Act to recover the costs of government services
provided to her.  The application was heard at the same time as an application for
the same relief brought by Ms. April Gosselin in New Westminster Registry No.
S104306.

[2]          
Ms. Fong’s claim is for personal injuries which she suffered in a rugby
game on February 5, 2005.  This action was commenced on February 2, 2007.  The
trial is set to commence on May 31, 2010.

[3]          
In my view the issues raised in this application are identical to those
raised in New Westminster Registry Action No. S104306.  For the reasons which I
set out in that application I order that this application be dismissed.

[4]          
In this case the defendants raised an additional ground for opposing the
amendment based on the pendency of the trial date.  As I have decided that the Act
has no application to actions commenced prior to its effective date I do not
find it necessary to deal with that additional ground.

[5]          
The costs of this application will be in the cause.

“The
Honourable Mr. Justice Sewell”