Lee ats Khan et al.

2014 ONCA 889; Lerners acted for the respondent (defendant in the proceeding) in this appeal of an order striking the appellants’ statement of claim without leave to amend. This case concerned a medical malpractice claim alleging that the respondent was negligent in his obstetrical care of the minor appellant and his mother. The motion judge held that the appellants had not alleged sufficient material facts to enable the respondent to plead a defence. The Court of Appeal was of the view that striking a pleading in these circumstances would impose an unduly onerous burden on plaintiffs and impede access to justice, and allowed the appeal