In a medical malpractice action for 3 and a half years, can a lawyer be found to have failed to take substantive steps in the action?

British Columbia, Canada


The following excerpt is from Law Society of British Columbia v Hossack, 2021 LSBC 54 (CanLII):

In Law Society of BC v. Simons, 2012 LSBC 23, the lawyer failed to take substantive steps in the client’s medical malpractice action for three and a half years. He failed to respond substantively to communications from the client. He also failed to inform the client (the plaintiff in the action) of an application to dismiss for want of prosecution until after the application had been granted, with costs in favour of the defendants. The lawyer was found to have misled the client and to have failed to provide her with the expected quality of service. The lawyer was suspended for one month.

Other Questions


What are the factors used by the Law Society of BC to determine whether a professional misconduct claim against a lawyer who delayed taking substantive steps to advance his client's action for over four years? (British Columbia, Canada)
What is a plaintiff's obligation to take reasonable steps to reduce her damages in a medical malpractice action? (British Columbia, Canada)
Can a lawyer be found guilty of professional misconduct for not doing enough to advance a client’s action for more than three years? (British Columbia, Canada)
Is it necessary for a plaintiff to advance a future cost of care claim, in a medical malpractice action, to have a physician testify to the medical necessity of each and every item of care? (British Columbia, Canada)
What are the implications of a physician's failure to bring disability payments into account in a medical malpractice action? (Newfoundland and Labrador, Canada)
What is the test for establishing negligence in a medical malpractice action? (Manitoba, Canada)
What is the test for determining whether a person can be found to be an adult in a medical malpractice case? (British Columbia, Canada)
In a medical malpractice action, can provincial insurers who have subrogated claims be included in the claim? (Ontario, Canada)
What is the test for success in a medical malpractice action brought by a plaintiff against a Health Minister? (Canada (Federal), Canada)
What percentage reduction is appropriate for non-pecuniary and pecuniary damages in a medical malpractice action? (British Columbia, Canada)