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Last checked: 28 Oct 2026, 18:14 UTC

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13 Jun 2017

Medical negligence 2017 BCCA 229

Kemp v. Vancouver Coastal Health Authority Ltd.

Court: British Columbia Court of Appeal

Court of Appeal upheld summary dismissal of negligence claims and fresh-evidence rulings, but allowed Dr. Sweet’s appeal because resuscitation was consented to, defeating battery and related shock claims.

Causation
Standard of care
Nervous shock (psychiatric injury)
Implied consent
Palmer fresh evidence criteria
Proportionality in summary disposition

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30 Jun 2006

Medical negligence 2006 BCSC 1026

Bradaric v. Dr. B.B.K. Pirani Inc.

Court: Supreme Court of British Columbia

The court found no battery, but held the surgeon breached the standard of care by proceeding with hysterectomy when the plaintiff still wished to preserve fertility.

Informed consent
Standard of care
Loss of fertility
Hysterectomy
Endometriosis
Medical disclosure

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25 Sept 2001

Medical negligence 2001 BCSC 1329

McGlone v. Kelly

Court: Supreme Court of British Columbia

In a medical negligence case, the court refused most late amendments adding informed consent and battery claims, finding prejudice to the doctor and no viable claim against the hospital.

Amendment of pleadings
Limitation period s.6 limitation act
Duty to disclose material risks
Battery confined to treatment without consent
Hospital vicarious/independent liability
Prejudice and adjournment

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Kemp v. Vancouver Coastal Health Authority Ltd.

Bradaric v. Dr. B.B.K. Pirani Inc.

McGlone v. Kelly