The plaintiffs brought a medical negligence action against the defendant doctor regarding care during pregnancy and delivery.
The defendant successfully moved to strike the statement of claim on the basis that it lacked sufficient particulars of the alleged negligence.
The Court of Appeal allowed the plaintiffs' appeal, holding that a plaintiff in a medical negligence action is not required to obtain an expert opinion before pleading, and that the material facts pleaded were sufficient to enable the defendant to deliver a statement of defence.
