Manns v. Vancouver Island Health Authority
Paivi Manns executor of the Estate of Erik Michael Manns and on behalf of herself
Law Firm / Organization
Renaud Law Group
Lawyer(s)

Donald J. Renaud

Vancouver Island Health Authority, operating a public hospital under the name Nanaimo Regional General Hospital
Law Firm / Organization
Carfra Lawton LLP
Lawyer(s)

Tim Wedge

Karen Orr

Dr. Daniel Marwood
Law Firm / Organization
Unrepresented
Christopher Parry
Law Firm / Organization
Carfra Lawton LLP
Lawyer(s)

Tim Wedge

Karen Orr

Christina Legg
Law Firm / Organization
Carfra Lawton LLP
Lawyer(s)

Tim Wedge

Karen Orr

Deanna Mikolas
Law Firm / Organization
Carfra Lawton LLP
Lawyer(s)

Tim Wedge

Karen Orr

Dr. John Doe and/or Jane Doe #1 and, 2 and/or John Doe and/or Jane Doe RN #1, 2, 3
Law Firm / Organization
Unrepresented

Background Facts: Erik Michael Manns was admitted to Nanaimo Regional General Hospital in September 2017 with symptoms of pancreatitis. After being administered opioid medication, he went into cardiopulmonary arrest and was placed on life support. Erik Manns did not recover and died on September 28, 2017. Paivi Manns claimed that her son's death resulted from negligent medical treatment, specifically the administration of an opioid overdose by the hospital staff.

Legal Arguments/Issues: The primary legal issue was whether the nurses named in the lawsuit were immune from personal liability under Section 14 of the Health Authorities Act, which provides immunity for employees acting in good faith within their duties. The Supreme Court of British Columbia dismissed the claims against the nurses, ruling that they were protected by this statutory immunity. Paivi Manns appealed the decision, arguing that this immunity should not extend to healthcare professionals directly involved in patient care.

Judgment: The Court of Appeal for British Columbia upheld the lower court’s decision, agreeing that the statutory language provided broad immunity to the nurses. The court also affirmed that VIHA remained vicariously liable for the nurses' actions, allowing Manns to continue her claims against the health authority.

Costs/Awards: The court dismissed the appeal but did not specify a particular award or costs in favor of the successful party. Therefore, the document did not indicate any specific monetary costs or awards associated with the case.

Court of Appeals for British Columbia
CA48012
Tort law
Respondent