Dismissal for want of prosecution: A draconian remedy no longer
A recent decision from the British Columbia Court of Appeal has considerably altered the test for an application to dismiss an action for want of prosecution. Under the new revised test, applicants will no longer have to demonstrate serious prejudice […]
BC Supreme Court comments on requirements to obtain an order compelling an independent medical examination
Two recent decisions from the Supreme Court of British Columbia have highlighted particular requirements and certain barriers in relation to obtaining an order to compel a plaintiff’s attendance at an independent medical examination (“IME”). In Gysbers v. Patkunalingam, 2023 BCSC […]
Commencing a proceeding on behalf of the estate of a deceased person: Hoggan v. Silvey
A recent decision by the British Columbia Court of Appeal has transformed the approach for commencing a proceeding on behalf of the estate of a deceased person in British Columbia. Hoggan v. Silvey, 2022 BCCA 176, began with a dispute […]