Kueber v. Royal Victoria Regional Health CentrePosted July 26, 2019
Lerners represented nine physicians in this medical malpractice action brought by a self-represented litigant. With supportive expert opinion reports and affidavits sworn by those experts, Lerners brought a successful summary judgement motion dismissing the Plaintiff’s claims against our clients. At the Court of Appeal for Ontario, the Motion Judge’s summary judgement dismissal of the Plaintiff’s claims against the Defendant physicians was upheld (2018 ONCA 125). Lerners Appellate Advocacy lawyers also responded to an Application for Leave to Appeal to the Supreme Court of Canada, which raised issues relating to procedural protections and fairness for self-represented litigants. The Plaintiff’s application for leave to appeal was dismissed with costs to Lerners’ clients.