The appellant appealed a summary judgment dismissing his medical malpractice action.
The motion judge dismissed the action because the appellant failed to provide an expert report establishing causation or a breach of the standard of care, despite court-ordered timetables.
The Court of Appeal upheld the decision, finding no denial of procedural fairness and confirming that the appellant failed to meet his obligation to put his best foot forward by providing evidence on the essential elements of his claim.
The appeal was dismissed with costs.