This Decision was an Appeal of the Trial Judge’s Decision to grant a Non-Suit Application and dismiss the Plaintiff’s Action. The Appellant took issue with the Trial Judge’s Decision not to qualify her proposed expert and to grant the Non-Suit Application. She further argued that the Trial Judge erred in refusing to allow certain medical records into evidence. As a result, the Appellant alleged there was a reasonable apprehension of bias which caused an unfair Trial. The Appellant also applied to admit new evidence.

Neilson J.A. emphasized that a non-suit application is granted if a plaintiff fails to present some evidence on the necessary elements that must be proven for the claim to succeed. In making the determination, the trial judge must assume the plaintiff’s evidence is true but should not weigh the evidence or assess credibility. Appeal Justice Neilson found that the Trial Judge correctly granted the Non-Suit Application because the Appellant failed to show any error in the Trial Judge’s analysis. The Appellant failed to provide some evidence on the essential elements of her claims.

The Court also upheld the Trial Judge’s decision to exclude the Appellant’s proposed expert because the expert lacked necessary qualifications, did not assess the Appellant, and relied on reports not in evidence. Regarding the alleged refusal by the Trial Judge to admit certain medical records into evidence, Neilson J.A. found that the Trial Judge did not rule that the medical records could not be entered as evidence. Rather, the Trial Judge appropriately restricted the use that could be made of some of the medical records referred to during the Appellant’s testimony.

Neilson J.A. also found that there was no merit to the Appellant’s allegations that there was a reasonable apprehension of bias and that it was an unfair Trial as the Trial Judge applied the legal principles correctly and fairly and there was no evidence to rebut the presumption of judicial impartiality. The Application to admit new evidence was also dismissed because the evidence was available at the time of Trial, and it would not have affected the outcome. The Appeal was dismissed.