In what circumstances will a plaintiff be successful in a summary judgment action for failing to provide supporting expert evidence?
Ontario, Canada
The following excerpt is from Miller v. Cornel, 2005 CanLII 2317 (ON SC):
In Coetzee v. Mississauga Hospital (2004) canlii.org/cas/onsc.2004/2004onsc10603, Justice MacKenzie concluded that in the absence of supporting expert evidence, the plaintiffs cannot succeed in their negligence action and there could be no genuine issue for trial. In Michaels v. Wong, [2001] O.J. No. 3470 (S.C.J.), the defendant physicians successfully moved for summary judgment in a malpractice action. The defendants’ filed supportive expert reports. The plaintiff did not file any expert evidence in response, despite having five years to do so.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an expert be found to be immune from prosecution for failing to provide an expert report for use in a tort action? (Ontario, Canada)
In seeking summary judgment to dismiss a breach of contract claim against a dental hygienist for failing to provide an expert report, how have courts dealt with this? (Ontario, Canada)
In determining that the contents of the cigarette package was tobacco processed in the form of cigarettes, and in the absence of any evidence supporting that tobacco products contained in the cigarette box contained tobacco, does the prosecution need to call expert scientific evidence? (Ontario, Canada)
What is the law of summary judgment including partial summary judgment? (Ontario, Canada)
In what circumstances will a judge grant summary judgment in a dental malpractice action against a group of dentists? (Ontario, Canada)
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
How has the Respondent argued that the Applicant has failed to provide any convincing evidence to support her claim for disability benefits? (Ontario, Canada)
Does an expert report have to be attached to an affidavit to support a motion for summary judgment? (Ontario, Canada)
In what circumstances will a court grant summary judgment against a plaintiff for an improvident sale? (Ontario, Canada)
Is an expert report on damages admissible in evidence for the purpose of responding to a summary judgment motion? (Ontario, Canada)
