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Practice – Pre-trial or post-judgment relief. The claimant through her mother who was also her litigation friend sought to bring a negligence action against the defendant in respect of the actions of the hospital in which the claimant had been born. Various breaches of duty were admitted on behalf of the defendant, but causation was denied. The claimant applied to adjourn the trial of the due to the unavailability of a witness, a doctor. The Queen's Bench Division agreed to the adjournment despite not being entirely in agreement with the reasons given by the doctor for not being able to attend as a witness.
Practice – Pre-trial or post-judgment relief. The claimant through her mother who was also her litigation friend sought to bring a negligence action against the defendant in respect of the actions of the hospital in which the claimant had been born. Various breaches of duty were admitted on behalf of the defendant, but causation was denied. The claimant applied to adjourn the trial of the due to the unavailability of a witness, a doctor. The Queen's Bench Division agreed to the adjournment despite not being entirely in agreement with the reasons given by the doctor for not being able to attend as a witness.
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