In a dental negligence action, the defendant objected to the plaintiffs' expert report from Dr. Yanney, arguing it contained opinions on surgeries performed in 1991, which were not pleaded as negligent in the Statement of Claim.
The court agreed that the expert cannot offer opinions on matters not before the court for adjudication.
The plaintiffs were directed to obtain a new report from Dr. Yanney limited to the defendant's treatment from 2012 onwards.
