Dr. Gupta

The applicant brought a motion to change a 2011 consent order that provided for time-limited spousal support, arguing that her deteriorating physical and mental health constituted a material change in circumstances.

The court found that the applicant's severe health issues, including PTSD and schizoaffective disorder, prevented her from achieving self-sufficiency and were not contemplated at the time of the original order.

The court varied the order to extend spousal support for an additional 13 years at $2,100 per month, but dismissed the applicant's alternative claim to set aside the original agreement on grounds of unconscionability and duress.

The defendant dentist moved for summary judgment in a dental negligence claim without filing any expert evidence on the merits of his defence, relying on previous case law suggesting defendants need not do so.

Following the release of the Court of Appeal's decision in Sanzone v. Schecter, which clarified that moving defendants must put their best evidentiary foot forward under Rule 20.01(3), the court dismissed the summary judgment motion.

The court held that the defendant failed to discharge his evidentiary burden to prove there was no genuine issue requiring a trial.