COURT FILE AND PARTIES

COURT FILE NO.: CV-08-00363067

DATE: 20150724

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: CLAUDIA SYTSMA and LOUIS SYTSMA, Plaintiffs (Responding Parties)

AND:

DR ARSEN KELESHIAN and DR. FRANCOIS BESSAY carrying on business as THE QUAKER DENTAL CLINIC, Defendants (Moving Parties)

BEFORE: STEWART J.

COUNSEL:
Robert Zigler, for the Plaintiffs

Mario E. Delgado, for the Defendants

HEARD: In Writing

ENDORSEMENT

[1] Following release of my decision of February 19, 2015, counsel for the parties attended before me to speak to an issue which counsel for the Defendants submitted had not been addressed.

[2] As a result, I permitted additional written submissions to be delivered concerning a question of causation which counsel for the Defendants submits ought to be dealt with in the context of this summary judgment motion.

[3] In essence, it is argued on behalf of the Defendants that it ought to be determined at this stage and on this record that any complaint of “geographic tongue” advanced by Sytsma was not caused by any negligence of Dr. Keleshian.

[4] As is clear in my reasons for decision of February 19, 2015, the motion for summary judgment dismissing the action against the Defendant Dr. Keleshian did not succeed. As a result, the action is to proceed to trial.

[5] I do not consider it to be appropriate or just to parse out any particular issue of causation in order to determine on this record that it should not be dealt with at trial.

[6] Rather, I consider that all relevant issues of damages which necessarily engage questions of causation are matters which ought to be heard by and adjudicated upon by the trial judge. If some aspects of the claimed damages, or all of them, cannot be sustained by the evidence, including all admissible expert evidence, then the trial judge may make the necessary determinations.

[7] If any party seeks costs, brief submissions in that regard should be delivered within 30 days of the date of this endorsement.

STEWART J.

Date: July 24, 2015