What are the principles governing particulars in medical malpractice cases?

British Columbia, Canada


The following excerpt is from Simon Fraser University v. A&A Plumbing & Heating Ltd., 2011 BCSC 1507 (CanLII):

The principles governing particulars are summarized by Kirkpatrick J., as she then was, in Hoy and Steeds v. Medtronic, 2002 BCSC 1648, at pp. 10-12. I will not read them all in, but it is important to highlight the principle at para. 22, sub point (g) of the decision: The fact that the particulars sought are known (or even best known) to the demanding party is not a reason to refuse particulars. Particulars of such allegations should still be provided if the party of whom the demand is made is in a position to give them.

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