Is a defence medical report an essential ingredient in a motion for summary judgment?

Ontario, Canada


The following excerpt is from Jarvis v. Gnidec, 2005 CanLII 9197 (ON SC):

I agree with the conclusion of Pitt J. at paras. 11-13 of Claus v. Wolfman, supra, that a defence medical report is not an essential ingredient of a defence motion for summary judgment. It merely provides comfort to the court. It follows that a challenge to the factual underpinnings of such a report is no answer to the motion brought forward by the defendants. The fundamental flaw in the plaintiffs’ position is that, faced with a motion that I conclude is properly constituted, the plaintiffs have failed to show that they are in possession of any evidence which could establish negligence on the part of the defendants.

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