Gillian Wilkins

The defendant hospital and nurses brought a motion for summary judgment and to dismiss the plaintiff's medical malpractice action.

The court found that the moving parties failed to meet their evidentiary burden for summary judgment because they did not file expert evidence establishing they met the standard of care.

However, the court dismissed the action under Rule 15.04 because the plaintiff failed to appoint a new lawyer or file a notice of intention to act in person for over 18 months after his former lawyer was removed from the record.

In a medical malpractice action, the defendants moved for summary judgment against the plaintiff, who alleged back injuries due to improper treatment.

Despite four years of litigation and multiple extensions, including a specific timetable set by a previous judge, the plaintiff failed to serve any expert report to establish the standard of care or causation.

The defendants, conversely, provided expert reports asserting that the standard of care was met and that the plaintiff suffered no discernable back injury.

The court dismissed the action, finding no genuine issue requiring trial due to the absence of necessary expert evidence from the plaintiff.

Costs were awarded to the defendants, but were reduced by half due to the plaintiff's personal hardships.

The appellant appealed a summary judgment decision.

The Court of Appeal reviewed the record and the motion judge's detailed reasons, finding no error.

The appeal was dismissed with no costs.