The appellant, Maxine Donna McLean, appealed the dismissal of her negligence action against Dr. Nikolaj Wolfson.
The action was dismissed by the motion judge due to Dr. McLean's repeated failure to produce medical records (a "recent X-ray" and related diagnoses) as requested and ordered, which were referenced in her Statement of Claim.
The Court of Appeal found that the motion judge properly exercised discretion in dismissing the action, given the ample time provided and lack of reasonable explanation for non-compliance.
The Court also declined to admit fresh evidence on appeal, as it did not correct the deficiencies and was not timely.