A Fort St. John man is alleging he was sexually assaulted at the Vancouver General Hospital, following an epileptic seizure which required him to be placed in an induced coma and flown by air ambulance to the facility on August 31, 2016.
Once at the hospital, it’s alleged a nurse “committed assaults and batteries of a sexual nature” between September 13 and 14 of the same year.
The man further alleges that he reported the assaults to the neurological resident physician and their assistant, his psychiatrist, and a speech pathologist, with the understanding another nurse would be assigned to his care.
However, it’s also alleged the change in care never happened, with the original nurse continuing to care for the man. The man was discharged from the hospital on September 17, 2016.
The man appealed to keep the file in Smithers, rather than Vancouver, as he cannot afford to pay travel and accommodation costs for his counsel, as he retained their services there. His income is limited, receiving only $1,400 a month through disability payments.
His appeal was dismissed on October 17, but the file will remain in Smithers, while the trial venue will remain in Vancouver.
Nineteen potential witnesses are located in the Vancouver area who would need to be brought to testify, with the courts agreeing that convenience favours Vancouver as the trial location.
"The only access to justice argument the appellant has made is that he will be unable to afford the travel expenses of his counsel located in Smithers. No issue has been raised that he could not hire competent counsel in Vancouver,” wrote Justice Robert Punnett in dismissing the appeal.
