J. Sirivar

The defendants brought a motion to dismiss the plaintiff's action for failing to timely pay prior costs awards, or alternatively, for an order requiring the plaintiff to post security for costs.

The court declined to dismiss the action, noting the costs orders had since been paid and the plaintiff's conduct was not contumelious.

The court also dismissed the request for security for costs, finding the defendants failed to prove the corporate plaintiff had insufficient assets in Ontario and that the defendants' delay in bringing the motion rendered such an order unjust.

The plaintiffs brought a medical malpractice action against the deceased's family physician following the deceased's sudden cardiac death.

The plaintiffs alleged the physician breached the standard of care by failing to elicit symptoms of coronary artery disease during a periodic health examination and by failing to send a referral for a stress test.

The court found the physician met the standard of care during the examination.

While the physician admitted breaching the standard of care by failing to send the referral later, the court concluded this breach did not cause the death, as the deceased would not have received treatment before his death due to specialist wait times, and the fatal arrhythmia was likely caused by pre-existing scarring rather than an acute ischemic event.

The action was dismissed.