The appellant, Phyllis Johnson, appealed a motion judge's order granting summary judgment and dismissing her dental malpractice action.
The appellant sought to adduce fresh expert evidence on appeal.
The Court of Appeal admitted the fresh evidence, finding that it satisfied the Palmer test.
The court concluded that with this new evidence, the motion judge would have adjourned the summary judgment motion to allow the appellant to cure deficiencies in the expert report.
The appeal was allowed, and the dismissal of the action was set aside.
