Eric Victor Cojocaru, an infant by his Guardian Ad Litem, Monica Cojocaru, et al. v. British Columbia Women’s Hospital and Health Center, et al. (November 13, 2012)
Case # 34304
Monica Cojocaru’s son Eric suffered brain damage during his birth at the B.C. Women’s Hospital and Health Center.
An action was commenced against the hospital and its employees.
At trial, the respondents were found to be liable and damages of $4 million were awarded.
In the ruling, the judge copied large portions of the applicants’ closing submissions without attribution.
The majority of the Court of Appeal allowed the appeals and ordered a new trial.
The central question is under what circumstances can a trial judge adopt and incorporate submissions of a party, without attribution, into a judgment.