The defendants, a doctor and a medical centre, moved for summary judgment to dismiss a medical negligence action, arguing it was statute-barred and lacked expert evidence.
The plaintiffs sought a further adjournment, claiming COVID-19 travel restrictions prevented them from obtaining necessary evidence from Nigeria.
The court denied the adjournment, finding the plaintiffs' reasons vague and the sought evidence irrelevant to the limitation period or the Canadian standard of care.
The court granted summary judgment, dismissing the action, concluding there was no genuine issue for trial regarding the limitation period and the absence of a qualified expert report.
