The moving defendants sought to strike a claim against the Crown and obtain summary judgment dismissing a medical malpractice action against a physician arising from the prescription of Aldara and alleged resulting injuries.
The court proceeded in the self-represented plaintiff's absence after repeated adjournments and non-compliance with peremptory terms.
The claim against the Crown was struck as a nullity because the plaintiff sued a ministry lacking capacity to be sued and failed to provide the mandatory sixty days' notice under the Proceedings Against the Crown Act.
Summary judgment was granted to the physician because uncontradicted expert evidence established compliance with the standard of care, and the action was independently barred by the two-year limitation period under the Limitations Act, 2002.
No costs were awarded because the successful defendants did not seek costs.
