In seeking summary judgment to dismiss a breach of contract claim against a dental hygienist for failing to provide an expert report, how have courts dealt with this?
Ontario, Canada
The following excerpt is from Rush v. De Ruiter, 2018 ONSC 1210 (CanLII):
In seeking summary judgment to dismiss the breach of contract claim Briarwood relies on a decision of this court. The court in Guerrero v. Trillium, on a summary judgment motion dismissed a claim for malpractice because the plaintiff failed to file an expert report. The court held that in order for the plaintiff to claim that the standard of care was breached they were required to prove that the hygienist who breached their standard of care did so by not following correct procedure.
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