Chang v. Vancouver Coastal Health Authority

Chang v. Vancouver Coastal Health Authority

The appeal fails because the two-year limitation period had expired with no admissible evidence to establish postponement, and the physicians met the applicable standard of care as supported by expert evidence; proceeding by summary trial was appropriate where the plaintiff produced no evidence to meet her burdens...

Source-derived case information.

Citation
2007 BCCA 569
Parties
Plaintiff / Appellant: Hee Soon Chang (also known as Helen Chang and Hee Soon Lee); Defendant / Respondent: Vancouver Coastal Health Authority; Defendant / Respondent: Fraser Health Authority; Defendant / Respondent: M. McLaughlin; Defendant / Respondent: Thomas Fuk-Sum Lee; Defendant / Respondent: Heather Mae D'Oyley; Defendant / Respondent: Babra M. Rana; Defendant / Respondent: J. R. Robertsen
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
23 November 2007
Procedural Posture
Civil Appeal From Summary Trial Dismissal (medical Negligence and Mental Health Act Issues) / Court of Appeal Judgment on Appeal From B.c. Supreme Court Summary Trial
Outcome
Appeal dismissed
Legal Topics
Summary Trial (rule 18 A), Limitation Period and Postponement, Involuntary Committal Under Mental Health Act, Standard of Care and Expert Evidence, Admission of Fresh Evidence
Source Language
english
Medical Negligence Mental Health Law Civil Procedure Limitation Law Summary Trial (rule 18 A) Limitation Period and Postponement Involuntary Committal Under Mental Health Act Standard of Care and Expert Evidence +1 more

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Parties

Hee Soon Chang (also known as Helen Chang and Hee Soon Lee)

Plaintiff / Appellant

Vancouver Coastal Health Authority

Defendant / Respondent

Fraser Health Authority

Defendant / Respondent

M. McLaughlin

Defendant / Respondent

Thomas Fuk-Sum Lee

Defendant / Respondent

Heather Mae D'Oyley

Defendant / Respondent

Babra M. Rana

Defendant / Respondent

J. R. Robertsen

Defendant / Respondent

Procedural Posture

Civil Appeal From Summary Trial Dismissal (medical Negligence and Mental Health Act Issues) / Court of Appeal Judgment on Appeal From B.c. Supreme Court Summary Trial

Legal Issues

  1. 1 Whether the two-year limitation period had expired and whether it was properly postponed
  2. 2 Whether the summary trial was appropriate when factual disputes existed and the plaintiff lacked opportunity to obtain evidence
  3. 3 Whether the defendant physicians met the required standard of care and whether causation was established

Ratio Decidendi

The appeal fails because the two-year limitation period had expired with no admissible evidence to establish postponement, and the physicians met the applicable standard of care as supported by expert evidence; proceeding by summary trial was appropriate where the plaintiff produced no evidence to meet her burdens of proof.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Fresh evidence not admitted