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The Court of Appeal upheld the summary dismissal of a dental negligence action, finding no procedural unfairness or genuine issues for trial.
The appellant appealed the dismissal of her dental negligence action via summary judgment.
She alleged procedural unfairness, insufficient disclosure, and conflicting expert evidence regarding the amount of anesthetic administered and resulting injuries.
The Court of Appeal found no procedural unfairness or reversible errors, affirming the motion judge's use of enhanced fact-finding powers.
The court upheld the preference for the respondent's evidence on anesthetic dosage and lack of causation, and the rejection of the appellant's expert evidence due to admissibility issues.
The appeal was dismissed with costs awarded to the respondent.
Summary judgment granted dismissing a dental malpractice claim due to the plaintiff's failure to provide admissible expert evidence.
The defendant, Dr. Simon Lin, brought a motion for summary judgment in a dental malpractice action.
The plaintiff, Sharon Shyn Ang, alleged negligence in administering excessive local anesthetic and causing dental damage.
The court granted summary judgment, dismissing the action, on the grounds that the plaintiff failed to provide admissible and persuasive expert evidence to establish a breach of the standard of care or causation.
The plaintiff's expert report was inadmissible as it was not in affidavit form and the expert was not qualified to opine on the standard of care in Ontario.
