The moving parties sought summary judgment dismissing a negligence, intentional tort, and Charter damages claim arising from the plaintiff’s involuntary detention for psychiatric assessment under the Mental Health Act.
The plaintiff alleged improper issuance and confirmation of a Form 1 and improper medical treatment during a brief detention at hospital.
The court held that medical malpractice claims require expert evidence establishing the applicable standard of care, breach, and causation.
The plaintiff filed no expert evidence and relied solely on allegations in the statement of claim, while the defendants filed expert reports confirming that the physicians’ conduct met the standard of care.
As no genuine issue requiring a trial was raised, summary judgment was granted dismissing the claims against the physicians and the hospital.
