Benson v. Workers' Compensation Board (Man.) et al., 2014 MBCA 19

• Judge: Chartier, C.J.M., Steel and Mainella, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: February 03, 2014
• Jurisdiction: Manitoba
• Citations: 2014 MBCA 19;(2014), 303 Man.R.(2d) 186 (CA)

Benson v. WCB (2014), 303 Man.R.(2d) 186 (CA);

      600 W.A.C. 186

MLB headnote and full text

Temp. Cite: [2014] Man.R.(2d) TBEd. FE.015

Bryan Benson (applicant/appellant) v. Workers Compensation Board of Manitoba, Concordia Hospital, Dr. Kress, Dr. Bay and Dr. Doermer (respondents/respondents)

(AI 13-30-08060; 2014 MBCA 19)

Indexed As: Benson v. Workers' Compensation Board (Man.) et al.

Manitoba Court of Appeal

Chartier, C.J.M., Steel and Mainella, JJ.A.

February 3, 2014.

Summary:

In November 2009, Benson was injured in a workplace accident. In June 2010, he underwent surgery. On May 25, 2012, Benson applied for an order granting leave to begin an action against the defendants (three doctors, a hospital and the Workers Compensation Board) under s. 14 of the Limitation of Actions Act.

The Manitoba Court of Queen's Bench, in a decision reported at (2013), 293 Man.R.(2d) 42, dismissed the application. Benson appealed and applied to adduce fresh evidence on the appeal.

The Manitoba Court of Appeal dismissed the application to adduce fresh evidence and dismissed the appeal.

Limitation of Actions - Topic 9612

Enlargement of time period - Application for - When available - In November 2009, Benson was injured in a workplace accident - In June 2010, he underwent surgery - On May 25, 2012, Benson applied for an order granting leave to begin an action against three doctors and others under s. 14 of the Limitation of Actions Act - Dewar, J., dismissed the application, finding that Benson had not demonstrated that he had a cause of action against the doctors that had a reasonable prospect of success as required under s. 15(2) of the Act - There was no evidence to show that the doctors had acted below the requisite standard of care - The Manitoba Court of Appeal dismissed Benson's appeal - The language of s. 15(2) was clear - It placed the burden on the applicant to bring before the court some evidence to support the extension application and to show that his or her proposed cause of action had a reasonable chance of success - In some medical negligence cases, negligence could be inferred from the facts without the need for expert evidence - This was not one of those cases.

Medicine - Topic 4324

Liability of practitioners - Bars to actions - Limitation periods - [See Limitation of Actions - Topic 9612 ].

Cases Noticed:

R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181, refd to. [para. 2].

Justice v. Cairnie Estate et al. (1993), 88 Man.R.(2d) 43; 51 W.A.C. 43 (C.A.), refd to. [para. 3].

Counsel:

B. Benson, on his own behalf;

L.K. Troup, for the respondent, Workers Compensation Board of Manitoba;

M.T. Green, for the respondent, Concordia Hospital;

G.M. Fleetwood and A.D. Domenco, for the respondents, Dr. Kress, Dr. Bay and Dr. Doermer.

This application and this appeal were heard by Chartier, C.J.M., Steel and Mainella, JJ.A., of the Manitoba Court of Appeal and the court's decision was pronounced on February 3, 2014. On February 4, 2014, Chartier, C.J.M., delivered the following written reasons for judgment for the court.