BALAN v WARSHAWSKI, 2016 ABQB 488
7.3: Summary Judgment (Application and decision)
9.4: Signing judgments and orders
The Defendants sought an Order for Summary Dismissal of the Plaintiff’s claim on the basis that there was no merit to the claim. The Plaintiff was alleging medical malpractice by the Defendants, so the Defendants submitted expert evidence establishing that all of the Defendants met the required standard of care.
Master Wacowich noted that matters involving special skill or knowledge required expert opinion evidence to allow the Court to draw inferences from the facts in evidence. On an Application for Summary Judgment in a medical malpractice Action, the Court was required to dismiss the Action if the Plaintiff was unable to present any expert evidence that supported the allegations of negligence. It was not enough for the Plaintiff to argue that the Defendants and their experts “might not be believed”. In this case, the Plaintiff did not adduce any expert evidence in support of their Claim; therefore, Master Wacowich summarily dismissed the Action.View CanLII Details