Plaintiff
Defendant
Other
Background: The case Kim v. 1048656 B.C. Ltd., held in the Supreme Court of British Columbia, involved plaintiff Jungchul (Andrew) Kim alleging personal injury due to a defective treatment table at Vernon Active Health Clinic Inc., managed by 1048656 B.C. Ltd. The defendants included Vernon Active Health Clinic Inc., Kornelia Matysiak, and the manufacturer of the table, initially referred to as ABC Table Manufacturer, later identified as Lifetimer International, LLC.
Legal Issues: The primary legal issues revolved around negligence and product liability, focusing on the alleged defective design and failure to warn by the manufacturer, leading to the plaintiff's injuries. The procedural aspect concerned the proper addition of Lifetimer International, LLC to the lawsuit, replacing ABC Table Manufacturer as a third-party defendant.
Held: The court initially permitted the amendment to add Lifetimer International, LLC as a third party. However, upon reconsideration prompted by undisclosed settlement agreements, the decision to add Lifetimer was reversed. The court emphasized the importance of transparency and the procedural fairness in litigation, especially concerning the disclosure of material facts like settlements.
Costs and Awards: The court awarded party and party costs at Scale B to Lifetimer International, LLC for the applications heard on August 19, 2022, and the reconsideration hearings on November 16 and December 9, 2022. The exact total amount was not specified but was to be assessed and paid by the respondents forthwith upon assessment.
Court
Supreme Court of British ColumbiaCase Number
S197711Practice Area
Tort lawAmount
Winner
OtherTrial Start Date
Download documents