Can a late joinder to a medical malpractice claim prejudice?
Ontario, Canada
The following excerpt is from Ioannou v. Evans, 2008 CanLII 117 (ON SC):
Examples of prejudice are the loss of evidence that would have been available to the defendant had the joinder been made before the expiry of the limitation period. If the evidence was lost before the fall of the limitation period, then the defendant cannot complain that the late joinder is prejudicial: Mazzuca v. Silvercreek Pharmacy Ltd., supra.
"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
What are the elements of a claim for damages arising out of a medical malpractice claim? (Ontario, Canada)
How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
What is the medical context for battery claims in medical malpractice cases where consent was not obtained? (Ontario, Canada)
Can a divorce claim from corollary issues arising from a medical malpractice case be denied for prejudice to the other spouse? (Ontario, Canada)
In a medical malpractice action, can provincial insurers who have subrogated claims be included in the claim? (Ontario, Canada)
On the third ground of a medical malpractice claim, is there a duty of care pleaded which is fatal to the claim? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
What is the standard of care of a doctor in a claim of medical malpractice? (Ontario, Canada)
In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
What is the test for granting summary judgment on a medical malpractice claim? (Ontario, Canada)
