May 11, 2007

We had a hearing at the Vancouver Supreme Court in front of the case management judge, Madam Justice Russell. The defendants, St. Paul’s hospital and Vancouver General Hospital (two hospitals in which the B.C. Ear Bank was located) asked the Court to dismiss the lawsuit against them on the grounds that the Plaintiff, Margaret Birrell did not receive tissue or bone from the B.C. Ear Bank.
We opposed the defendants’ motion and brought a motion requesting that two new plaintiffs, Thomas Little and Robert Corfield be added to the lawsuit.

We explained to the Court that if Mr. Little and Mr. Corfield were added as plaintiffs, Margaret Birrell agreed to be removed. This way, the lawsuit could continue for those who received tissue or bone from the B.C. Ear Bank.
Madam Justice Russell accepted our position in her written decision on May 11, 2007. She added Thomas Little and Robert Corfield as plaintiffs and removed Margaret Birrell.

This lawsuit will now be continued against the defendants by Mr. Little and Mr. Corfield.
Madam Justice Russell’s decision is on our Court Documents page.

The defendants have informed us that they plan appeal Madam Justice Russell’s decision to the B.C. Court of Appeal. We will oppose the appeal and provide an update once we have further details.