Dmytriw v. Odim et al., 2006 MBQB 301

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: December 22, 2006
• Jurisdiction: Manitoba
• Citations: 2006 MBQB 301;(2006), 211 Man.R.(2d) 178 (QBM)

Dmytriw v. Odim (2006), 211 Man.R.(2d) 178 (QBM)

MLB headnote and full text

Temp. Cite: [2007] Man.R.(2d) TBEd. FE.020

Ian Dmytriw, an infant who sues by his father and next friend, Gordon Dmytriw, Gordon Dmytriw and Rhonda Dmytriw (plaintiffs) v. Jonah N.K. Odim, Niels Giddins, Brian Postl, Oscar Casiro, Shirley Scott, Robert Blanchard, Helmut Unruh, Health Sciences Centre, Winnipeg Regional Health Authority and The Government of Manitoba and The Minister of Health, Province of Manitoba (defendants)

(CI 02-01-26964; 2006 MBQB 301)

Indexed As: Dmytriw v. Odim et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Sharp, Master

December 22, 2006.

Summary:

The plaintiffs in a medical malpractice action moved to sever the issue of liability from the issue of assessment of damages.

A Master of the Manitoba Court of Queen's Bench granted the motion.

Practice - Topic 5204

Trials - General - Severance of issues or parties - General - The infant plaintiff was born in 1994 with a transposition of the great arteries - Surgery was required to reverse the situation - The infant became a paraplegic - The plaintiff and his parents sued for damages for medical malpractice - In 2006, the plaintiffs moved for severance of liability from damages - A Master of the Manitoba Court of Queen's Bench granted the motion - The plaintiffs were impecunious - The credibility of the injured party was not at issue - There was no actual evidence to support the defendants' arguments that the issues of breach of standard of care, causation and damages were inextricably wound in this action and could not be cleanly severed - There was no evidence showing that the two doctors who provided reports to the plaintiffs respecting liability would also be required on other issues, or that there would be any duplication of required evidence - Time was also an issue.

Cases Noticed:

Investors Syndicate Ltd. v. Pro-Fund Distributors Ltd. et al. (1980), 12 Man.R.(2d) 104 (Q.B.), affd. (1981), 12 Man.R.(2d) 101 (C.A.), consd. [para. 9].

Counsel:

Norm Cuddy and Jason D. Kendall, for the plaintiffs;

Tyler J. Kochanski, for the defendants, Jonah K. Odim and Niels Giddins.

This motion was heard by Sharp, Master, of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following decision on December 22, 2006.