What is the complexity of a medical malpractice action?
British Columbia, Canada
The following excerpt is from Royal Bank of Canada v. Shaw, 2016 BCSC 2285 (CanLII):
I have addressed this consideration first because it dominates and is determinative of this application. Various factors or considerations assist in fixing the relative complexity of an action. In Andersen v. Porter, 2000 BCSC 1000, Wilson J., at para. 14, provided examples of such factors. Several of those examples were, however, primarily directed to a medical malpractice action. Counsel for the plaintiff provided me with various authorities that arise in the commercial context and that are both relevant and helpful.
In Bank of Montreal v. Stephen and Stephen, [1983] P.E.I.J. No. 33 (S.C.), the plaintiff bank sued on a guarantee. The defendants were placed into receivership. Large J., said:
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