What is the effect of a fourth demand for particulars in a medical malpractice application?
British Columbia, Canada
The following excerpt is from Hoy v. Medtronic, 2004 BCSC 440 (CanLII):
The defendants’ application for further and better particulars arises out of a fourth demand for particulars. On March 24, 2000, before certification, the defendants made their first demand for particulars. Kirkpatrick J., who was the assigned case management judge at the time, ordered some particulars and held the balance unnecessary for the purposes of the certification application (see: Hoy v. Medtronic, 2000 BCSC 1902).
The action was certified on September 27, 2001 (see: Hoy v. Medtronic (2001), 94 B.C.L.R. (3d) 169, 2001 BCSC 1343). On May 29, 2003, the certification order was upheld on appeal (see: Hoy v. Medtronic (2003), 14 B.C.L.R. (4th) 32, 2003 BCCA 316.
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