The plaintiff sought damages for bodily injury she sustained on January 5, 2010 during a laparoscopic cholecystectomy performed at the Langley Memorial Hospital by one of the defendants, Dr. Donald Audley Shirley (Dr. Shirley), a general surgeon. For the following reasons, the defendant physician, Dr. Barbara Lynn Taneda (Dr. Taneda), successfully applied in this summary trial to dismiss the action brought against her by the plaintiff, Amanda McLellan....
Michael Paur (Mr. Paur) suffered a brain injury when he attempted suicide by hanging in a bathroom at St. Pauls Hospital (SPH), Vancouver in the early morning hours of May 24, 2011. He was 36 years old at the time. This claim is brought on his behalf by his mother, Ms. Shak....
This is a summary trial application brought pursuant to Rule 9-7 of the Supreme Court Civil Rules, BC Reg, 168/2009 (the Rules) on behalf of certain defendants in this action who seek the dismissal of the plaintiffs claims against them. Brenlee Kemp (the Plaintiff) is suing the Vancouver Coastal Health Authority Ltd. (VCHA) and various medical doctors in relation to her mother, Shannon Kemps care and death in the Emergency Department of the Vancouver General Hospital (VGH) on June 28, 2007. Shannon Kemp was 88 years old and had been directed to go to the Emergency Department by an internal medicine specialist to whom she had been referred by her family doctor due to a decline in her health. There, Shannon Kemps condition deteriorated further until she died after efforts to resuscitate her failed....
The third parties, Nilfisk-Advance Canada Company and Nilfisk-Advance, Inc. (Nilfisk) challenge pleadings by the defendants Crothall Healthcare, a division of Compass Group Canada Ltd./Groupe Compass Canada Ltee. (Crothall). In particular they challenge Crothalls third party notice filed December 20, 2012 as amended June 20, 2013 arguing that the amendments are invalid, having created a new cause of action and having been made without consent or leave of the court. In this, Nilfisk relies primarily on Rules 3-5(8) and (13) and Rule 6-1(1) of the Supreme Court Civil Rules[1]. In the result, Nilfisk asks that portions of the third party notice be struck.BACKGROUND...
THE COURT: This is a medical malpractice claim brought against the physician, Dr. Pickett, and the remaining defendants, the hospital and hospital nurses (the Hospital Defendants) involved with the plaintiffs care at the time of the incident giving rise to this claim.Objections to Expert Reports...
Mr. Pausch claims he developed tinnitus and increased hearing loss after undergoing an MRI scan at the MRI clinic of the defendant, Vancouver Coastal Health Authority, operating as UBC Hospital, in 2008 (I will refer to all defendants in the singular throughout my reasons). He submits the defendant is liable because there was no specific check done to ensure the headset given to him for noise protection was free of defect and properly placed on his person. The defendant agrees it owed a duty of care to the plaintiff but says the plaintiff has not proven any other element of negligence. It says the claim must be dismissed.I. FACTS...
This case concerns false imprisonment and medical malpractice....
The elderly plaintiff, Pei Xiong Chen, has suffered from multiple vision impairments over the span of many years....
This is a summary trial application brought on by the defendant, Dr. Alan Baggoo, to have the plaintiffs case against him dismissed on a summary trial pursuant to Rule 9-7 of the Supreme Court Civil Rules....
THE COURT: The plaintiff objects to the defence calling Dr. Verna Amell, the psychologist who was involved in the treatment of the plaintiff while he was attending the G.F. Strong Rehabilitation Facility in April and May of 2006. ...