When will a court order severance in a medical negligence case?
British Columbia, Canada
The following excerpt is from Duperron v. Massini Holding Corporation, 2008 BCSC 645 (CanLII):
The plaintiff’s financial circumstances are one factor which the court may consider in determining whether severance is appropriate: Anderson v. University of British Columbia, [1990] B.C.J. No. 2507 (S.C.). In the course of exercising his discretion in favour of the application, Finch J. offered the following qualifications: I agree with the defendants that the plaintiff's difficult financial circumstances, and lack of resources with which to pursue his claim, do not distinguish this case from many others. Frequently plaintiffs, especially in medical negligence cases, are ill equipped financially to prepare and advance their claims…If the plaintiff had not been prepared to waive his right to trial by jury, I would have refused the order for severance.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will the court order an order of costs in a personal injury case? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
Is it possible for a medical malpractice court to find medical negligence without receiving expert evidence on common prevailing professional standards? (British Columbia, Canada)
How have courts refused production of medical records in medical malpractice cases? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
Can a plaintiff set aside an order dismissing her claim for failure to attend a case management hearing and comply with case management orders? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Is there any case law that would require the court to order costs that follow the event? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
