Digest: Cicansky v Beggs, 2018 SKQB 91

• Date: March 21, 2018

Reported as: 2018 SKQB 91

Docket Number: QB17475 , QBG 824/14 JCR

Court: Court of Queen's Bench

Date: 2018-03-21

Judges:

• Leurer

Subjects:

• Civil Procedure � Queen�s Bench Rules, Rule 7-2

Digest: The defendant physician applied for summary judgment pursuant to Queen�s Bench rules 7-2 and 7-5, dismissing the claim made by the plaintiffs. The plaintiff wife alleged negligence and breach of contract on the part of the defendant after she was treated by him at the Regina General Hospital. She sought damages against the defendant as well as the operator of the hospital and other unidentified nurses. The defendant�s application occurred after disclosure of documents but before questioning. The defendant swore his own affidavit in support of his application and in it, reviewed his history of treating the plaintiff including the time she was hospitalized. His notice of application referred to a statement of expertise and opinion letter from another physician. The statement of expertise indicated the defendant�s intention to tender the physician as an expert witness, to provide opinion evidence that the applicable standard of care had been met in the circumstances of this case. The physician expert had not sworn an affidavit bringing his opinion in as evidence in the proceedings. The defendant argued that as the plaintiffs had failed to lead evidence of an expert opining that he failed to meet the applicable professional standard of care,...