The Case – Very Briefly

Kueber v. Royal Victoria Regional Health Centre

I was injured and left severely disabled by the actions of some of the defendants, caused by their malpractice or negligence, lack of consent, and fraud.

There were 14 defendants who advanced 4 motions in Superior Court for full or partial summary judgment.  I’ve been trying to release some of the defendants, since 2014.

The groups of defendants are jointly and severally liable, with cross-claims.  I advanced a cross-motion but did not appeal that decision.  Fresh Statement of Claim

In Superior Court, long after commencement of my appeal, the defendants were awarded costs, $165,000 $135,000 and there was no Sanderson or Bullock order  Endorsement and cost submissions 

My Appeal was on 3 grounds, my Supplementary Appeal focused on the errors of law:

  1. The defendants failed to meet their individual Evidentiary Burdens on motion;
  2. Meaningful Review, the (further) reasons lacked any legal reasoning or consideration of the facta and briefs

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