Halvorson v. British Columbia (Medical Services Commission),

Halvorson v. British Columbia (Medical Services Commission),

The court ordered that the plaintiff must provide specified particulars because the SFASC and SFAP as pleaded are insufficiently particularized to permit the defendants to plead and to allow the court to assess certification; the Court of Appeal's allowance of the appeal did not preclude the need for particulars or re-assessment on defined pleadings; particulars specified include material facts on residency/de-enrolment, the statutory provisions and regulations relied upon, and factual particulars for alleged breaches; the petition must identify specific statutory sections and factual deficiencies relied on; mediation remains postponed until pleadings are closed.

Citation
2008 BCSC 1068
Parties
Representative Plaintiff/petitioner: James Peter Halvorson; Defendant/respondent: Medical Services Commission of British Columbia; Defendant/respondent: The Minister of Health (represented by the Attorney General of British Columbia)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 August 2008
Procedural Posture
Class Action and Judicial Review (related Action and Petition) / Application for Particulars and Case Management; Mediation Postponed Pending Closed Pleadings
Outcome
Application for particulars granted in part; plaintiff ordered to provide detailed particulars; petition particulars ordered; mediation postponement maintained until pleadings are closed; defendants permitted to plead thereafter
Legal Topics
Certification, Particulars, Judicial Review, Canada Health Act Compliance, Mediation, Unjust Enrichment, Breach of Statutory Duty
Source Language
English
Class Actions Administrative Law Health Law Civil Procedure Statutory Interpretation Certification Particulars Judicial Review +4 more

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Parties

James Peter Halvorson

Representative Plaintiff/petitioner

Medical Services Commission of British Columbia

Defendant/respondent

The Minister of Health (represented by the Attorney General of British Columbia)

Defendant/respondent

Procedural Posture

Class Action and Judicial Review (related Action and Petition) / Application for Particulars and Case Management; Mediation Postponed Pending Closed Pleadings

Legal Issues

  1. 1 Whether the Second Further Amended Statement of Claim (SFASC) and Second Further Amended Petition (SFAP) are sufficiently particularized to permit the defendants to plead and for the court to assess certification
  2. 2 Whether the pleaded causes of action (unjust enrichment/quantum meruit and breach of statutory duty) are disclosed on the pleadings and require particulars in light of recent authority (Holland)
  3. 3 Whether the Court of Appeal's allowance of the appeal precludes the need for particulars or a re-assessment at this stage

Ratio Decidendi

The court ordered that the plaintiff must provide specified particulars because the SFASC and SFAP as pleaded are insufficiently particularized to permit the defendants to plead and to allow the court to assess certification; the Court of Appeal's allowance of the appeal did not preclude the need for particulars or re-assessment on defined pleadings; particulars specified include material facts on residency/de-enrolment, the statutory provisions and regulations relied upon, and factual particulars for alleged breaches; the petition must identify specific statutory sections and factual deficiencies relied on; mediation remains postponed until pleadings are closed.

Court Disposition

Application for particulars granted in part; plaintiff ordered to provide detailed particulars; petition particulars ordered; mediation postponement maintained until pleadings are closed; defendants permitted to plead thereafter

Orders

  • Defendants to file responsive statement of defence within time ordered or agreed following provision of particulars
  • Leave to amend pleadings not foreclosed; future applications for particulars or amendments to be addressed in case management as necessary