In what circumstances will a plaintiff be successful in a summary judgment action for failing to provide supporting expert evidence?
Ontario, Canada
The following excerpt is from Miller v. Cornel, 2005 CanLII 2317 (ON SC):
In Coetzee v. Mississauga Hospital (2004) canlii.org/cas/onsc.2004/2004onsc10603, Justice MacKenzie concluded that in the absence of supporting expert evidence, the plaintiffs cannot succeed in their negligence action and there could be no genuine issue for trial. In Michaels v. Wong, [2001] O.J. No. 3470 (S.C.J.), the defendant physicians successfully moved for summary judgment in a malpractice action. The defendants’ filed supportive expert reports. The plaintiff did not file any expert evidence in response, despite having five years to do so.
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