The appellants appealed the dismissal of their action on a motion for summary judgment.
The infant appellant suffered from a serious medical condition, which the appellants alleged was caused by a motor vehicle accident involving the mother while she was pregnant.
The Court of Appeal upheld the motion judge's finding that there was no genuine issue for trial regarding causation, as the appellants failed to provide expert medical opinion establishing that the accident probably caused or contributed to the condition.
The appeal was dismissed.
