Paur v. Providence Health Care
| Jurisdiction | British Columbia |
| Court | Court of Appeal (British Columbia) |
| Judge | The Honourable Madam Justice Newbury,The Honourable Madam Justice Stromberg-Stein,The Honourable Mr. Justice Fitch |
| Citation | 2017 BCCA 161 |
| Docket Number | CA43189 |
| Date | 24 April 2017 |
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38 practice notes
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Court Of Appeal Summaries (December 2 December 6, 2019)
...Negligence, MedMal, Standard of Care, Causation, "But For" Test, Expert Opinion Evidence, Paur (Committee of) v. Providence Health Care, 2017 BCCA 161, 96 B.C.L.R. (5th) 320, Fullowka v. Pinkerton's of Canada Ltd., 2010 SCC 5, St-Jean v. Mercier, 2002 SCC 15, Carlsen v. Southerland, 2006 BC......
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Sandhu v Chhabra
...v. McLeod, 2012 BCCA 239 at paras. 62–63; McGuigan Estate v. Pevach, 2024 BCCA 106 at para. 92 citing Paur v. Province Health Care, 2017 BCCA 161 at para. 109. Justification means the cost is both medically necessary and likely to be incurred by the plaintiff. The onus is on the plaintiff t......
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Lidder v Pearce
...v. McLeod, 2012 BCCA 239 at paras. 62–63; McGuigan Estate v. Pevach, 2024 BCCA 106 at para. 92, citing Paur v. Province Health Care, 2017 BCCA 161 at para. 109. Future care costs are “justified” if they are both medically necessary and likely to be incurred by the 253 An award of damages fo......
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Valcourt v Tariq
...H. Costs of Future Care 1. Legal Principles 300 The applicable legal principles were summarized in Paur v. Providence Health Care, 2017 BCCA 161: [109] The law is clear that in order to be included in an award of damages, an item of future care must be medically necessary. In Tsalamandris v......
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22 cases
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Zoerb v Saskatoon Regional Health Authority
...21–22, 31 Alta LR (7th) 92; Peppler Estate v Lee, 2020 ABCA 282 at para 29, [2020] 11 WWR 601; Paur v Providence Health Care, 2017 BCCA 161 at para 49, [2017] 8 WWR 639; Briante v Vancouver Island Health Authority, 2017 BCCA 148, [2017] 6 WWR 465. Law: Physician Negligence and t......
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Waterway Houseboats Ltd. v. British Columbia
...meet the standard: activate emergency flashers, wear a seat belt, or like actions. [404] We note that in Paur v. Providence Health Care, 2017 BCCA 161, the standard of care of a hospital to a suicidal patient included specific building recommendations, monitoring requirements, and patient s......
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Aujla v. Nijjar
...link between the medical experts’ assessment of disability and the recommended care: Paur v. Providence Health Care, 2017 BCCA 161 at para. 109. In addition to establishing the costs are reasonably necessary, the plaintiff must establish they will likely incur the......
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Flore v. Jongkind
...the present value of his future pension plan benefits plan loss. 10. Cost of future care [210] In Paur v. Providence Health Care, 2017 BCCA 161, Newbury J.A. described the test for recovery of future care costs at para. [109] The law is clear that in order to be included in an award of dama......
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1 firm's commentaries
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Court Of Appeal Summaries (December 2 December 6, 2019)
...Negligence, MedMal, Standard of Care, Causation, "But For" Test, Expert Opinion Evidence, Paur (Committee of) v. Providence Health Care, 2017 BCCA 161, 96 B.C.L.R. (5th) 320, Fullowka v. Pinkerton's of Canada Ltd., 2010 SCC 5, St-Jean v. Mercier, 2002 SCC 15, Carlsen v. Southerland, 2006 BC......
1 books & journal articles
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Student Suicide On-Campus: Tort Liability of Canadian Universities and Determining a Duty of Care
...His teacher had read his essay a few days prior. The school board had 83 Ibid at para 9. 84 Ibid at paras 48, 50. 85 Ibid at para 48. 86 2017 BCCA 161 [ Paur ]. 87 Ibid at para 20. 88 Millette v Cote , [1976] 1 SCR 595 at para 8, 51 DLR (3d) 244 [ Millette ] [emphasis added]. See also Schoo......