K. Deakon

The parties attended a hearing to settle the terms of an order directing that several related actions, arising from a motor vehicle accident and subsequent obstetrical care, be tried together.

The plaintiffs sought to bifurcate discoveries, proposing to proceed with liability first and defer damages until the minor plaintiff's prognosis crystallized.

The defendant physicians and hospital opposed and sought a comprehensive timetable.

The court denied the request for bifurcation, noting the high onus to divide discoveries and the intertwined nature of the claims.

The court imposed the defendants' proposed timetable, requiring the actions to be set down for trial by December 2024.

The defendants brought a motion for summary judgment to dismiss the plaintiffs' derivative claims under section 61 of the Family Law Act.

The primary plaintiff's claim had previously been dismissed following a settlement.

The court held that derivative claims cannot continue once the primary claim is dismissed, applying the doctrine of res judicata.

In the alternative, the court found the action should be dismissed for delay, as the plaintiffs had failed to appoint new counsel or move the action forward.

The motion for summary judgment was granted and the action was dismissed without costs.