A 小蓝视频 Supreme Court judge has ruled the case of an elderly woman suing Vancouver Coastal Health and others for improper actions under the province’s Mental Health Act should proceed.
, Judge Leslie Muir said the delays since a notice of civil claim was filed on Oct. 6, 2017, stemming from Irene Dawson's alleged detention on Oct. 10, 2015, are unacceptable.
Dawson alleged in her claim that she was reported to Vancouver Police Department by defendant, Erin Arnold, as being suicidal and a potential threat to herself and others.
Dawson was taken to Vancouver General Hospital.
“At the hospital, the plaintiff alleges she was required to wait under guard and eventually stripped, restrained, denied food and phone access, and was given only some small sips of water by the VPD, nurses, and doctors,” Muir’s decision said.
Also named as defendants in the case are the City of Vancouver, Dr. Ka Wai Cheung and Dr. Suniti Pande.
Defendants’ counsel had applied for the case to be dismissed.
“It is pointed out that the extensive length of time since the events in question will erode the memories of those involved, and that there is specific prejudice in the death of one of the nurses involved in the plaintiff’s care on the night in question,” Muir said.
Muir recounted multiple delays in the case around document filing, deposition of witnesses, scheduling delays, loss of trial dates and issues with correspondence. Muir cited issues on both the plaintiff’s and defendants’ sides.
“The delay in this action has clearly been inordinate,” Muir said. “It has been nearly eight years since the action was commenced. This length of time cannot be considered to be normal for litigation of this sort, nor is it to be condoned.”
Muir stressed none of the delays appeared tactical or intentional.
With those findings, Muir imposed a schedule for Dawson to proceed by.
Muir said if those deadlines are missed without agreements or further court orders, the defendants can apply to dismiss Dawson’s claim.
None of the allegations have been proven in court.
