She submitted that in Beland v. Kieffer the court did hold that the expert report should have been attached to an affidavit of an expert but that this was not a bar to the plaintiff defending the motion. She says that the court found that even if the expert’s report was admissible, the expert was not an expert in the area and there was no other evidence submitted by the plaintiff to resist the motion. It is noteworthy that in that case Weekes J. stated that a plaintiff responding to a motion for summary judgment has a responsibility to put forward an expert report in a proper manner. Weekes J. said that, were in not for issues about the qualifications of the “expert”, it would have been appropriate to adjourn the matter to permit the plaintiff to deliver a proper report of the expert, in affidavit form. He held, however, that the doctor’s qualifications concerning the applicable standard of care had not been established.
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