The self-represented appellant commenced a dental malpractice action against the respondent dentists.
The respondents moved for summary judgment on the basis that the appellant had not delivered an expert report supporting her claim, but the respondents themselves did not file any expert evidence regarding the standard of care.
The motion judge granted summary judgment and dismissed the action.
The Court of Appeal allowed the appeal, holding that the moving party defendants failed to discharge their evidentiary burden under Rule 20 to put their best foot forward by adducing evidence on the merits of their defence.
