What is the test for a motion for summary judgment in a medical negligence case?

Ontario, Canada


The following excerpt is from Suwary v. Women's College Hospital, 2008 CanLII 8789 (ON SC):

In Reid v. Livingstone, [2004] O.J. No. 1477 (S.C.J.), a motion for summary judgment in a medical negligence case, Cameron J. referred to the importance of the parties putting forward their best case at para. 11: The essential purpose of a motion for summary judgment is to avoid expensive litigation by isolating and eliminating claims and defences that are not supported by the facts. However, it must be clear that a trial is unnecessary. A responding party is not entitled to sit back and rely on the possibility that more favourable facts may develop by trial. If the respondent wishes to avoid summary judgment, it must put its best foot forward and "play trump or risk losing". On a defendant's motion for summary judgment, there is an onus on the plaintiff to demonstrate that there is a genuine issue for trial, that is, adequate evidence to support the claim. The court shall grant the motion if the court is satisfied that there is no genuine issue deserving of a trial by a judge or a jury with respect to a material fact necessary to establish a claim or a defence.

Other Questions


Can a summary judgment motion be used to obtain summary judgment in a civil case? (Ontario, Canada)
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence cases? (Ontario, Canada)
Does a summary judgment motion judge have the authority to grant summary judgment? (Ontario, Canada)
Is a defence medical report an essential ingredient in a motion for summary judgment? (Ontario, Canada)
What is the law of summary judgment including partial summary judgment? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
What is the test for a motion for summary judgment in a personal injury case? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence? (Ontario, Canada)
Can a motion for summary judgment be dismissed or adjourned if there are outstanding undertakings on the motion? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.