The appellant brought a medical malpractice claim in Small Claims Court against his former dentist.
After failing to produce a required expert report despite multiple orders, his claim was dismissed.
He subsequently sought an extension of time to appeal, which was denied by a motions judge.
A panel of the Divisional Court dismissed his motion to set aside the motions judge's order, finding no error in the conclusion that the justice of the case did not warrant an extension given the absence of an expert report.
