Isaac Wright

The plaintiffs moved for an order abridging the time for service of an expert report regarding the standard of care by a hospital.

The court dismissed the motion, finding no reasonable explanation for the late service of the plaintiff’s expert report and emphasizing the importance of timely service of expert reports under the Rules of Civil Procedure.

The matter was removed from the January 2025 trial sittings and directed to Trial Scheduling Court.

The moving party, a surgeon whose hospital privileges were not renewed in 2016, brought a motion to set aside a single judge's order dismissing his motion to set aside a Registrar's dismissal for delay.

The responding hospitals requested a dismissal under Rule 2.1 of the Rules of Civil Procedure.

The Court of Appeal found the moving party exhibited hallmarks of a vexatious litigant by exhausting all rights of review and attempting to re-determine settled issues.

The motion was dismissed as an abuse of process and a collateral attack on underlying decisions, with costs awarded to the responding parties.