Thiessen v. Circle Drive Special Care Home Inc., (2002) 215 Sask.R. 116 (QB)

• Judge: Allbright, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 17, 2002
• Jurisdiction: Saskatchewan
• Citations: (2002), 215 Sask.R. 116 (QB);2002 SKQB 23

Thiessen v. Circle Drive Special Care (2002), 215 Sask.R. 116 (QB)

MLB headnote and full text

Temp. Cite: [2002] Sask.R. TBEd. FE.029

Eva Thiessen (applicant/proposed plaintiff) v. Circle Drive Special Care Home Inc. (respondent/proposed defendant)

(2002 Q.B.G. No. 69; 2002 SKQB 23)

Indexed As: Thiessen v. Circle Drive Special Care Home Inc.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Allbright, J.

January 17, 2002.

Summary:

Thiessen applied under s. 15 of the Hospital Standards Act for leave to commence a negligence action against a special care home.

The Saskatchewan Court of Queen's Bench allowed the application.

Hospitals - Topic 2188

Liability of hospitals - Limitation of actions - Leave to commence action - Thiessen applied for leave to commence a negligence action against a special care home, the three month limitation period having expired - The Saskatchewan Court of Queen's Bench allowed the application - There was an arguable issue, no prejudice to the home from the delay, and no undue delay - In finding no undue delay, the court considered that Thiessen was 71 years old when the accident happened, had recently lost her husband, was an Alberta resident and sought the advice of an Alberta solicitor who was unaware of the limitation period, immediately notified the home's personnel of the occurrence and was not immediately aware of the potential seriousness of her injuries - Further, Thiessen would suffer a significant impact if leave was denied.

Cases Noticed:

Spencer v. Indian Head Union Hospital Board, [1974] 5 W.W.R. 374 (Sask. C.A.), refd to. [para. 11].

Witwicki Estate v. Saskatoon District Health Board (1999), 181 Sask.R. 99 (Q.B.), refd to. [para. 15].

Keating v. Kwauk et al. (1994), 126 Sask.R. 56 (Q.B.), refd to. [para. 16].

Counsel:

Denis I. Quon and Jayme R. Mitchell, for the applicant, Eva Thiessen;

Evert Van Olst, for the respondent, Circle Drive Special Care Home Inc.

This application was heard by Allbright, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following fiat on January 17, 2002.