A. Christiaen

The appellant appealed the dismissal of his Small Claims Court medical negligence action.

He argued that the deputy judge erred by presiding over a motion to dismiss under Rule 12.02 after having presided over a settlement conference in the same matter, relying on the Court of Appeal's decision in Hussain regarding summary judgment motions.

The Superior Court dismissed the appeal, finding that a Rule 12.02 motion is not analogous to a summary judgment motion and that the Small Claims Court Rules grant broad powers to dismiss unmeritorious claims, particularly where the appellant failed to provide required expert reports.

The defendants brought a motion to compel the minor plaintiff, who was injured in a bus accident at age four, to attend an examination for discovery.

The plaintiffs opposed the motion, arguing the examination would cause undue stress and that the minor lacked the capacity to understand the process.

The court weighed competing neuropsychological evidence and found the defendants' expert more persuasive, noting the minor was now 13 years old and competent to give evidence.

The court granted the motion, ordering the minor to attend the examination subject to protective conditions.