How have courts dealt with a motion for summary judgment against a plaintiff’s own opinion reports?

Ontario, Canada


The following excerpt is from The 6th Line Mofos Limited v. Stewart, 2022 ONSC 520 (CanLII):

Subsequently, in Graff v. Network North Reporting and Mediation, 2017 ONSC 7451, [2017] O.J. No. 6513, Favreau J. (as she then was) granted motions for summary judgment on claims brought against the plaintiff’s own experts. The plaintiff had initially commenced a tort claim arising from a motor vehicle accident. While representing her on that claim, her lawyers retained several health care experts, each of whom conducted medical assessments and prepared reports at her lawyer’s request. The plaintiff then sued those experts; her claims were based in part upon the contents of their opinion reports.

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