What is the impact of the waiver of tort and remedy provisions in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Can-Auto Inspection Inc. v. Vascor, Ltd., 2010 BCSC 1895 (CanLII):
It is clear to me from the various motions I have heard in this case (as the case management judge) that the remedy portion has and will swamp the trial. The potential cost savings to the parties is very significant. Perell J. reached a similar conclusion with respect to a waiver of tort claim, albeit in the context of a class action, in Peter v. Medtronic, [2009] O.J. No. 4364.
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