E. Eski

The defendant dentists and physicians brought a motion for summary judgment to dismiss the plaintiff's dental and medical malpractice action.

The plaintiff alleged that he suffered a mandibular fracture following a wisdom tooth extraction and that the defendants failed to properly diagnose the injury.

The plaintiff's lawyer was previously removed from the record, and the plaintiff failed to appoint a new lawyer or serve notice of self-representation.

The defendants filed expert reports opining that they met the standard of care.

The plaintiff failed to respond with any expert evidence.

The court granted the motion and dismissed the action, finding no genuine issue requiring a trial without expert evidence from the plaintiff.

Following a commercial receivership application, the court determined entitlement and quantum of costs.

The moving party had been substantially successful in enforcing its security and was presumptively entitled to costs against the debtor respondents.

Relying on the security agreement, the court held that the contractual provision requiring payment of “solicitor and own client costs” justified an award on a substantial indemnity basis against the corporate debtors and one individual debtor.

However, a separate individual respondent who was not party to the security agreement was ordered to pay costs only on a partial indemnity basis.

Mortgagee respondents who successfully narrowed the scope of the receivership order were ordered to bear their own costs in relation to the issues between them and the applicant.

The plaintiff, an involuntary creditor due to overdrawn accounts, sought the appointment of a receiver over the corporate debtors' receivables and the individual debtors' real property after the debtors defaulted on a demand loan.

The motion was opposed by the debtors and by prior mortgagees who argued the receiver's mandate should not extend to the real property.

The court found it just and convenient to appoint a receiver over both the receivables and the real property to ensure a fair, transparent, and efficient realization process for all creditors, while respecting the mortgagees' priorities.