Erich Schultze

This endorsement addresses the issue of costs following the successful summary judgment motions by the defendants, Ontario Shores Centre for Mental Health Sciences and Dr. Omar Ghaffar, which dismissed the plaintiff's action.

The self-represented plaintiff failed to submit costs submissions.

The court awarded discounted costs to the defendants, finding their claims reasonable given the serious allegations, voluminous medical records, and the necessity of expert reports, despite the plaintiff's self-represented status and limited means.

The defendants, Ontario Shores Centre for Mental Health Sciences and Dr. Omar Ghaffar, brought motions for summary judgment to dismiss a medical malpractice action.

The plaintiff, Donald Jameson Whitehead, failed to file any expert evidence or affidavit evidence in response, despite being self-represented and advised of the requirements.

The court found that the defendants had discharged their evidentiary burden by providing expert opinions that their care met the standard of care and that consent was properly obtained.

Given the plaintiff's failure to adduce expert evidence, which is generally fatal in medical malpractice cases except in the clearest of circumstances, the court concluded there was no genuine issue requiring a trial.

The motions for summary judgment were granted, and the action was dismissed.