Court Declines to Grant Summary Judgment, But Orders “Summary Trial”

Andrew Ottaway, B.A. (Hons.), LL.B.Medical Malpractice, Negligence, Summary Judgment0 Comments

Kristensen v. Schisler is another decision on the heels of Hryniak v. Mauldin, the Supreme Court case promoting better access to justice through summary judgment.  This case was for professional negligence and battery.  The Plaintiff claimed against the Defendants, a dentist and an oral surgeon, for removing his tooth without consent. The Judge considered the new test set out by the Supreme Court in Hryniak v. Mauldin, stating that “The overarching question to be answered is ‘whether summary judgment will provide a fair and just adjudication’.”  The Judge concluded that he could not grant summary judgment.  He stated that more evidence was necessary to “do justice between the parties” because: 1) the case turned on credibility, the Plaintiff’s in particular; the Plaintiff denied consenting to the tooth removal, even though the Defendants’ records suggested otherwise.  If the Plaintiff were to be found highly credible (presumably after in-court cross-examination), his evidence might “trump” … Read More