Does a motion for summary judgment of dismissal must fail?
Ontario, Canada
The following excerpt is from Coetzee v. Mississauga Hospital, 2004 CanLII 7656 (ON SC):
Counsel for the plaintiffs responds that despite the lack of expert evidence respecting standard of care, where the plaintiff shows there is a genuine issue for trial on the facts, the defendants’ motion for summary judgment of dismissal must fail. In support of this proposition, the plaintiffs’ counsel cites Schmidt v. Gollish, [2000] O.J. 944 (S.C.J.).
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