Pavic v. Holy Cross Hospital et al., (1987) 81 A.R. 119 (QB)

• Judge: Waite, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 25, 1987
• Citations: (1987), 81 A.R. 119 (QB)

Pavic v. Holy Cross Hospital (1987), 81 A.R. 119 (QB)

MLB headnote and full text

Antonija Pavic (plaintiff) v. Holy Cross Hospital, Holy Cross Board of Governors (also known as Metro Calgary and Rural General Hospital No. 93) and Richard W. Mallen (defendants)

(Action No. 8301 19024)

Indexed As: Pavic v. Holy Cross Hospital et al.

Alberta Court of Queen's Bench

Judicial District of Calgary

Waite, J.

March 25, 1987.

Summary:

Pavic commenced a malpractice action against a hospital and a plastic surgeon. Pavic then applied for an order directing that the action be tried by a jury. The Alberta Court of Queen's Bench allowed the application.

Practice - Topic 5100

Juries and jury trials - Right to a jury - General - Pavic commenced a malpractice action against a hospital and a plastic surgeon - Pavic then applied to have the action tried before a jury - The Alberta Court of Queen's Bench allowed the application (Jury Act, R.S.A. 1980, c. J-2, s. 16).

Cases Noticed:

Knight et al. v. Goodfellow (1979), 9 C.C.L.T. 239, refd to. [para. 9].

Statutes Noticed:

Jury Act, R.S.A. 1980, c. J-2, sect. 16 [para. 8]; sect. 16(2) [para. 10].

Counsel:

H. Semenuk, for the plaintiff;

Wm. J. Quigley, for Dr. Richard W. Mallin;

A.A. Fradsham, for Holy Cross Hospital.

This application was heard before Waite, J., of the Alberta Court of Queen's Bench, who delivered the following decision on March 25, 1987.