What is the effect of a failure to comply with the Rules of Civil Procedure and Procedure on a plaintiff's medical report?
British Columbia, Canada
The following excerpt is from Albu v. The University of British Columbia, 2014 BCSC 1624 (CanLII):
Defendants' counsel referred the court to Haughian v. Jiwa, 2011 BCSC 1632, at para. 33, where the court stated: …The rule specifies the form a report is to take. It is imperative in its language. As noted, it is not simply a matter of form. It is not for plaintiff's counsel, or for that matter the court, to piece together various documents and attempt to determine what the report actually consists of. The object of the Rules is the "just, speedy and inexpensive determination of every proceeding on its merits" (Rule 1-3). A failure to comply with the Rules may in fact be contrary to that object where it leads to uncertainty and therefore has the potential to increase the time and expense involved in resolving litigation.
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