2 total
Summary judgment granted dismissing medical malpractice and negligence claims due to lack of expert evidence.
The self-represented plaintiff sued a women's shelter, the city's public health department, and an infectious disease specialist, alleging she contracted active tuberculosis from another shelter resident and was subsequently misdiagnosed and mistreated.
The defendants moved for summary judgment.
The court granted the motions and dismissed the action, finding the plaintiff failed to adduce any expert medical evidence to support her claims of medical malpractice or to prove she was exposed to an infectious person.
Costs were awarded to the defendants on a partial indemnity basis.
Appeal dismissed; late amendment to Certificate of Offence denied due to prejudice and lack of evidence.
The respondent, a licensed taxicab driver, was charged with operating an unlicensed taxicab after picking up a fare in the former City of Ottawa.
He had been licensed by the former City of Gloucester and complied with the new amalgamated City of Ottawa's licensing requirements.
The summary conviction appeal judge acquitted him, finding the old pre-amalgamation taxi zones were dissolved.
The City appealed, seeking to amend the Certificate of Offence to specify a different by-law provision.
The Court of Appeal dismissed the motion to amend, finding it would cause prejudice and injustice given the lack of evidence and the late stage of the proceeding.
The appeal was dismissed, as there was no evidence the respondent drove an unlicensed taxicab under the charged provision.
