Is there an onus on a plaintiff/respondent who is facing a summary judgment application to provide expert evidence?
Alberta, Canada
The following excerpt is from Sima v. Hui, 2008 ABQB 104 (CanLII):
In the context of medical malpractice claims, this means there may be an onus on a plaintiff/respondent who is facing a summary judgment application to provide expert evidence to support his claim. There will be such an onus where the claim by its nature depends on expert evidence, and where the defendant/applicant produces expert evidence that the claim is without merit: Stoddard v. Montague, 2006 ABCA 109 ("Stoddard").
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