2 total
Medical malpractice appeal dismissed as plaintiff failed to provide expert evidence on causation and standard of care.
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.
Human rights application against independent medical examiners dismissed; evaluative functions protected by expert witness immunity.
The applicant filed a human rights complaint against two doctors who conducted an independent medical examination (IME) for her workplace grievance, alleging discrimination and failure to accommodate her physical disability during the assessment.
The Tribunal found that while the IME process engaged the Code's protections for services and facilities, the doctors' evaluative functions and resulting report were protected by expert witness immunity.
The only actionable claim was the alleged failure to accommodate the applicant's physical disability with appropriate seating during psychological testing.
The Tribunal dismissed this claim, finding insufficient evidence that the applicant notified the doctor of her needs or that he failed to address them.
