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CANADIAN CASES on the LAW of TORTS Fourth Series/Quatri`Eme S´Erie Recueil De Jurisprudence Canadienne En Responsabilit´E Civile VOLUME 10 (Cited 10 C.C.L.T

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CANADIAN CASES on the LAW of TORTS Fourth Series/Quatri`Eme S´Erie Recueil De Jurisprudence Canadienne En Responsabilit´E Civile VOLUME 10 (Cited 10 C.C.L.T CANADIAN CASES ON THE LAW OF TORTS Fourth Series/Quatri`eme s´erie Recueil de jurisprudence canadienne en responsabilit´e civile VOLUME 10 (Cited 10 C.C.L.T. (4th)) EDITOR-IN-CHIEF/REDACTEUR´ EN CHEF John Irvine, M.A., B.C.L. FACULTY OF LAW, UNIVERSITY OF MANITOBA WINNIPEG, MANITOBA ASSOCIATE EDITOR/REDACTEUR´ ADJOINT Robert P. Kouri, B.A., L.L.L., M.C.L., D.C.L. FACULTE´ DE DROIT, UNIVERSITEDE´ SHERBROOKE SHERBROOKE, QUEBEC´ CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Cheryl L. McPherson, B.A.(HONS.) Director, Primary Content Operations Helen Voudouris, B.B.A., LL.B. Acting Product Development Manager Jennifer Weinberger, B.A.(HONS.), J.D. Nicole Ross, B.A., LL.B. Supervisor, Legal Writing Supervisor, Legal Writing Amanda Stewart, B.A.(HONS.), LL.B. Martin-Fran¸cois Parent, LL.B., Senior Legal Writer LL.M., DEA (PARIS II) Bilingual Legal Writer Julie Lowe, B.SC., J.D., LL.M Rachel Bernstein, B.A.(HONS.), J.D. Legal Writer Legal Writer Annie Chan, B.A. Content Editor CANADIAN CASES ON THE LAW OF TORTS, a national series of anno- Recueil de jurisprudence canadienne en responsabilit´e civile, une s´erie tated topical law reports, is published 12 times per year. Subscription rate nationale de recueils de jurisprudence sp´ecialis´ee et annot´ee, est publi´e 12 $425.00 per bound volume including parts. Indexed: Carswell’s Index to Ca- fois par ann´ee. L’abonnement est de 425 $ par volume reli´e incluant les fasci- nadian Legal Literature. cules. Indexation: Index a` la documentation juridique au Canada de Carswell. 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Les analyses The analysis contained herein should in no way be construed as being either comprises dans les pr´esentes ne doivent etreˆ interpr´et´ees d’aucune fa¸con official or unofficial policy of any governmental body. comme etant´ des politiques officielles ou non officielles de quelque organ- isme gouvernemental que ce soit. 8 The paper used in this publication meets the minimum requirements of 8 Le papier utilis´e dans cette publication satisfait aux exigences minimales American National Standard for Information Sciences — Permanence of Pa- de l’American National Standard for Information Sciences — Permanence of per for Printed Library Materials, ANSI Z39.48-1984. Paper for Printed Library Materials, ANSI Z39.48-1984. ISSN 0701-1733 ISBN 978-0-7798-5579-7 Printed in Canada by Thomson Reuters CARSWELL, A DIVISION OF THOMSON REUTERS CANADA LIMITED One Corporate Plaza Customer Relations 2075 Kennedy Road Toronto 1-416-609-3800 Toronto, Ontario Elsewhere in Canada/U.S. 1-800-387-5164 M1T 3V4 Fax 1-416-298-5082 www.carswell.com Contact www.carswell.com/contact LeBlanc v. Vancouver Island Health Authority 173 [Indexed as: LeBlanc v. Vancouver Island Health Authority] Ceara Brienn LeBlanc on her own behalf and as personal representative of The Estate of Kelly Joseph LeBlanc, and Carter LeBlanc, Koen LeBlanc, and Kaden LeBlanc all by their litigation guardian Ceara Brienn LeBlanc, Plaintiffs and Vancouver Island Health Authority carrying on business as the West Coast General Hospital, Charles Craven, Jane Doe No. 1, Jane Doe No. 2, John Doe No. 1, John Doe No. 2, Defendants British Columbia Supreme Court Docket: Victoria 12-0641 2014 BCSC 755 J.L. Dorgan J. Heard: April 10, 2014 Judgment: May 1, 2014 Torts –––– Negligence — Practice and procedure — Evidence — Admissi- bility –––– Plaintiff’s husband died after being treated by defendant Dr. C, gen- eral practitioner working in emergency department of defendant hospital in Brit- ish Columbia — Plaintiff brought action alleging defendants were negligent in failing to diagnose and treat deceased properly — Plaintiff submitted expert re- ports from Dr. M, specialist who practiced in urban hospital in Ontario — Dr. C alleged that specialization and locale of practice of Dr. M precluded admissibil- ity of his opinion for purpose of establishing relevant standard of care — Dr. C applied for summary trial to dismiss action — Application dismissed — It was inappropriate to decide admissibility of expert reports on summary trial; to do so would create injustice — Admissibility of expert evidence should be scrutinized at time it is proffered, and plaintiff was not proffering expert reports at present time — Authorities did not establish that specialist cannot provide expert opin- ion regarding standard of care applicable to non-specialist physician — It was not established that Dr. M’s credentials and locale of practice required trial judge to conclude his opinion was inadmissible — It was not simple “matter of law” that practitioner in Ontario cannot provide expert opinion regarding stan- dard of care applicable in B.C. — Question of admissibility was best left to trial judge. Evidence –––– Opinion — Experts — Admissibility — Miscellaneous –––– Plaintiff’s husband died after being treated by defendant Dr. C, general practi- tioner working in emergency department of defendant hospital in British Colum- bia — Plaintiff brought action alleging defendants were negligent in failing to diagnose and treat deceased properly — Plaintiff submitted expert reports from Dr. M, specialist who practiced in urban hospital in Ontario — Dr. C alleged 174 CANADIAN CASES ON THE LAW OF TORTS 10 C.C.L.T. (4th) that specialization and locale of practice of Dr. M precluded admissibility of his opinion for purpose of establishing relevant standard of care — Dr. C applied for summary trial to dismiss action — Application dismissed — It was inappro- priate to decide admissibility of expert reports on summary trial; to do so would create injustice — Admissibility of expert evidence should be scrutinized at time it is proffered, and plaintiff was not proffering expert reports at present time — Authorities did not establish that specialist cannot provide expert opinion re- garding standard of care applicable to non-specialist physician — It was not es- tablished that Dr.
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