“The question of causation is essentially a question of fact to be determined by the trial judge. It is not for this court to weigh conflicting evidence or to reassess the relative merits of contradictory expert testimony.”

These comments on a parallel basis, in my view, apply here on this Summary Judgment motion which turns on the question of causation.

[41] Additionally, as I noted above, the accuracy and reliability of the notes and records of the defendant dentist is in question. He was unable to produce to the Royal College of Dental Surgeons of Ontario his original notes and records which apparently have gone missing for unnamed reasons. The plaintiffs state that these notes and records are of importance, as the opinions on causation obtained by the defendant rely and are based on those very notes and records. The plaintiffs further state that it is not clear from these notes and records what quantity and type of antibiotics were administered. The plaintiffs urge that discoveries are needed to ferret out answers to these issues relating to the defendant’s notes and records.

[42] For reasons stated, this motion for Summary Judgment is dismissed.

via CanLII – 2016 ONSC 537 (CanLII).


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