History of this Case:       

I, Zsuzsanna Holland, filed medical malpractice case #26039 on my disabled son's behalf in 2005 in Penticton, British Columbia, Canada after unsuccessfully searching 2 years for a lawyer to take my son's case when he was 17 years old, and before he was statute barred from filing.

On May 18, 2007 the BC Court of Appeal remanded this case for spoliation hearings (ie destroyed medical documents regarding my son's botched birth)[#CA_______]. During spoliation hearings when my son turned 19 years old, Mr. Justice Brooke of the BC Supreme Court ordered that my brain damaged son was to either hire a lawyer or conduct his own litigation, neither of which my son could do as no lawyer in BC wanted this case and my brain damaged son was incapable of representing himself. I was disallowed to represent him any further after representing him successfully for 2 years to the point that we were almost ready for trial. Mr. Justice Brooke then disallowed me subpoena for the last pieces of information against the doctors and cut the spoliation hearings off prematurely, ruling against my son and I. At an ex parte hearing with no representation, Madam Justice Ross on November 4, 2008 ruled against my son via an empty chair, dismissing his entire claim! Subsequently, I attempted to represent my son at the BC Court of Appeal [#CA036649] with 2 psychological reports giving proof to my son's brain damage, with no reports to the contrary.  Despite said reports the appeals court ruled my son was not a person under disability, although the Province of British Columbia had deemed my son to be a person with disability. Prior to the hearing of the appeal, before a 3 justice panel on a motions hearing,  opposing counsel disputed the prior assessment for the first time.  We sought a third assessment, which upheld the prior assessments, re-confirming my son's brain damage.  Even though the assessment was expedited, it took a year.  The new assessment could not have been sought until the prior assessment had been challenged in the court of appeal before Madam Justice Levine.  She refused, and subsequent panels refused, to first  adjourn and await the new report which addressed the challenges raised by opposing counsel; and then refused to received or hear the new evidence (reconfirming the earlier evidence, impeaching the challenge by opposing counsel, and impeaching Madam Justice Levine's "decision".).    Later, before another 3 justice panel, the entire case was dismissed, not letting me say 1 word, refusing to receive or accept the impeaching evidence, and then humiliating my son in open court by making him stand up before a 3 justice panel and say he was incapable of arguing his case. All he could do is ask the court to allow me or someone to represent him (which the panel headed by Madam Justice Prowse denied). Ironically, this humiliation of a disabled person took place the same day Prime Minister Stephen Harper was ratifying the Convention on the Rights of Persons with Disabilities on Canada's behalf, 11 March 2010.

Although another court of appeal panel overturned Mr. Justice Brooke's decision with respect to spoliation for my son not being finished and granted Jonathan leave to continue spoliation proceedings [CA0_____], Madam Justice Ross of the lower court dismissed the case while the higher court was still deliberating spoliation issues. Then, on 11 March 2010, Madam Justice Prowse and panel said they could not overturn another court of appeal panel's ruling [Levine's], but at the same time, the Prowse panel overturned another court of appeal panel's decision [Madam Justice Rowles]  which allowed Jonathan further proceedings concerning the destruction of his medical documents [ BC law mandates medical records must be kept for a minor until he turns 26 years of age!] 

Prior to the BC Court of Appeals final dismissal of my son's case, Madam Justice Neilson ruled on 2 psychological reports based on 2 physical assessments saying my son was disabled and a critique by opposing counsel's expert witness. The defendant's expert witness, Dr. Michael Joschko admitted to never seeing or assessing my son yet,  Madam Justice Neilson took  opposing counsel's fraudulent critique by Dr. Michael Joschko to base my son's psychological abilities upon!  At no point in time should a doctor's assessment of an individual without examination be accepted by a court over an assessment done by examination! Madam Justice Neilson's erroneous ruling was upheld by Madam Justice Levine and panel [CA0_____].  No justice would await a new assessment which when it was received impeached both Dr. Joschko and the "decisions" of Madam Justice Nielson, Levine and Prowse.  No justice has ever considered the fact that the challenged assessment has been refuted and impeached! 

Leave to Appeal was denied by the Supreme Court of Canada [SCC#_____] I refiled my son's entire case on ______ in Quesnel, BC [#14656] due to the fact that the merits of my son's case were never heard and his summary judgment dismissal was a sham.  I had also found out that the lawyers [lead by Karen Douglas] representing the defendants in my son's originating claim, were engaging in fraud, champerty, absence of agency and extortion which are criminal offenses in Canada.  I named these lawyers as defendants in case 14656. That case was also dismissed with both the BC Supreme Court justices and Court of Appeal justices who refused to hear or deal with charges of  champerty, extortion, absence of agency, and other acts which violate Canada's Criminal Code.  Throughout this process, opposing counsel remained mute, never responding to charges of engaging in criminal acts.  Of interest is the fact neither the Supreme Court nor Court of Appeal required these lawyers to answer the charges, which suggest ex parte communication between the courts and the miscreant lawyers.

Currently, we are awaiting decision by the Supreme Court of Canada with respect to leave to appeal costs of approximately $200 000 fraudulently awarded to the defendants from my disabled son and I. This was our horrible night mare of an experience with the Canadian Justice System! (Its actually worse than this, I'm just trying to get the main points across.)

I am also bringing criminal charges against defendants' lawyers for champerty, absence of agency and extortion as well as had made a complaint against over a dozen justices to the BC Human Rights Tribunal who did nothing which then I appealed to the Canadian Human Rights Commission who did nothing which then I appealed to the Federal Court which upheld Madam Justice Neilson's fraudulent ruling that my son was not disabled, attempting to ignore the 3rd psychological assessment which upholds the first 2 saying my son has neuropsychological impairment to the point he can not represent himself and then when Mr. Justice Beaudry's ruling was impeached with a letter by Dr. Miller, the court tried to cover up and disallow impeaching evidence to impeach his erroneous ruling! 

As of late, Madam Justice Dawson and panel upheld Mr. Justice Beaudry's erroneous and impeached ruling so we are appealing to the Supreme Court of Canada by right!

As I have said before, this is a CALL FOR JUDICIAL REFORM !!!