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.
