Holland v. Marshall

Holland v. Marshall

The Court dismissed the appeals and ancillary application: it refused to permit non-lawyers (the mother and stepfather) to represent the adult plaintiff because prior orders and the court's discretion precluded privilege of audience; held there was no state involvement to engage Charter s.7 so no entitlement to...

Source-derived case information.

Citation
2010 BCCA 164
Parties
Appellant/plaintiff: Jonathon David Holland; Appellant/plaintiff: Zsuzsanna Holland; Respondent/defendant: Dr. Linda Maureen Marshall; Respondent/defendant: Cariboo Memorial Hospital and Health Centre - Interior Health Authority; Respondent/defendant: College of Physicians and Surgeons of British Columbia; Respondent/defendant: Dr. Glenn A. Fedor; Respondent/defendant: Dr. Roger A. G. Hicks; Respondent/defendant: Dr. Suzanne Judy Bannerman; Respondent/defendant: Dr. Paul R. Sobkin; Respondent/defendant: Dr. Noel J. Donnelly; Respondent/defendant: Dr. Albert S. Kelly
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
20 April 2010
Procedural Posture
Medical Malpractice / Civil Negligence / Appeal From Summary Trial and Dismissal of Subsequent Chambers Applications
Outcome
Both appeals and the ancillary application dismissed.
Legal Topics
Summary Trial (rule 18 A), Privilege of Audience, Litigation Guardian, Spoliation, State Funded Legal Representation (charter S.7), Adjournment, Leave to Appeal, Finality of Judgments
Source Language
english
Medical Malpractice Civil Procedure Constitutional Law Evidence Summary Trial (rule 18 A) Privilege of Audience Litigation Guardian Spoliation +4 more

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Parties

Jonathon David Holland

Appellant/plaintiff

Zsuzsanna Holland

Appellant/plaintiff

Dr. Linda Maureen Marshall

Respondent/defendant

Cariboo Memorial Hospital and Health Centre - Interior Health Authority

Respondent/defendant

College of Physicians and Surgeons of British Columbia

Respondent/defendant

Dr. Glenn A. Fedor

Respondent/defendant

Dr. Roger A. G. Hicks

Respondent/defendant

Dr. Suzanne Judy Bannerman

Respondent/defendant

Dr. Paul R. Sobkin

Respondent/defendant

Dr. Noel J. Donnelly

Respondent/defendant

Dr. Albert S. Kelly

Respondent/defendant

Procedural Posture

Medical Malpractice / Civil Negligence / Appeal From Summary Trial and Dismissal of Subsequent Chambers Applications

Legal Issues

  1. 1 Whether non-lawyers (mother and stepfather) should be granted privilege of audience to represent adult plaintiff
  2. 2 Whether plaintiff is entitled to state-funded counsel under s.7 of the Charter in litigation between private parties
  3. 3 Whether the summary trial decision was properly made on the evidence regarding standard of care and causation

Ratio Decidendi

The Court dismissed the appeals and ancillary application: it refused to permit non-lawyers (the mother and stepfather) to represent the adult plaintiff because prior orders and the court's discretion precluded privilege of audience; held there was no state involvement to engage Charter s.7 so no entitlement to state-funded counsel; concluded the summary trial decision was properly based on the evidence (defence expert evidence showed no breach or causation and plaintiff offered no competent medical evidence), and found no established spoliation warranting relief; thus no jurisdiction to grant the procedural relief sought.

Court Disposition

Both appeals and the ancillary application dismissed.

Orders

  • Both appeals dismissed.
  • Ancillary application dismissed.