Madzar v. Sullivan

Madzar v. Sullivan

All impugned Supreme Court orders were discretionary and were exercised judicially; the appellant failed to plead material facts or adduce expert evidence to create a bona fide triable issue against the hospital, failed to justify adjournment, and refused to proceed at trial, therefore the appeals are dismissed.

Citation
2014 BCCA 139
Parties
Appellant/plaintiff: Maria Madzar; Respondent/defendant: Dr. Kathleen Mary Sullivan; Respondent/defendant: St. Paul's Hospital
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
4 April 2014
Procedural Posture
Medical Negligence (civil) / Appeal to Court of Appeal From Multiple Supreme Court Orders (procedural Rulings, Summary Judgment, Adjournment and Dismissal)
Outcome
All appeals dismissed
Legal Topics
Summary Judgment, Production of Documents, Adjournment, Jury Trial Notice, Dismissal for Refusal to Proceed, Standard of Review
Source Language
English
Tort Medical Negligence Civil Procedure Appeal Summary Judgment Production of Documents Adjournment Jury Trial Notice +2 more

Case Brief

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Parties

Maria Madzar

Appellant/plaintiff

Dr. Kathleen Mary Sullivan

Respondent/defendant

St. Paul's Hospital

Respondent/defendant

Procedural Posture

Medical Negligence (civil) / Appeal to Court of Appeal From Multiple Supreme Court Orders (procedural Rulings, Summary Judgment, Adjournment and Dismissal)

Legal Issues

  1. 1 Validity and priority of notice of trial
  2. 2 Obligation to produce medical records and diagnosis
  3. 3 Whether claim against hospital raised a bona fide triable issue

Ratio Decidendi

All impugned Supreme Court orders were discretionary and were exercised judicially; the appellant failed to plead material facts or adduce expert evidence to create a bona fide triable issue against the hospital, failed to justify adjournment, and refused to proceed at trial, therefore the appeals are dismissed.

Court Disposition

All appeals dismissed

Orders

  • Appeals dismissed
  • No order as to costs