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The Court of Appeal denied a self-represented plaintiff's motion for an extension of time to appeal a summary judgment dismissing his medical malpractice action due to a lack of admissible expert evidence.
The self-represented moving party sought an extension of time to appeal a summary judgment dismissing his medical malpractice action against numerous doctors and a hospital for alleged failure to diagnose and treat Lyme disease.
The motion judge had previously dismissed the action due to the plaintiff's failure to provide admissible expert evidence on standard of care and causation, and for procedural non-compliance regarding document filing.
The Court of Appeal denied the extension, finding that despite the moving party's bona fide intention to appeal and the relatively short delay, the proposed appeal lacked arguable merit, primarily due to the absence of admissible expert evidence to support the medical negligence claims and the moving party's failure to adhere to procedural rules.
The court dismissed a self-represented plaintiff's medical malpractice claims due to a lack of admissible expert evidence.
The plaintiff, Cary Beazley, sued 27 physicians and Queensway Carleton Hospital for medical malpractice, alleging delayed diagnosis and treatment of Lyme disease.
Three motions for summary judgment were heard: one by the defendant physicians, one by the Hospital, and a cross-motion by the plaintiff seeking a finding of liability in his favour.
The court dismissed the plaintiff's claims against all defendants, finding that the plaintiff failed to provide admissible expert evidence to support his claims in negligence, negligent misrepresentation, and breach of fiduciary duty.
The court also denied the plaintiff's request to file a second expert affidavit and to be qualified as an expert.
