March 19, 2015 – Ontario Divisional Court Grants Appeal
Today the Ontario Divisional Court granted Donald Hervieux’s appeal from the dismissal of a medical negligence action. Mr. Hervieux, who lost all vision in one eye after being treated by the Respondent doctors, had his claim summarily dismissed by a Deputy Judge of the Small Claims Court after he missed a single pre-trial deadline to provide an expert report. Mr. Hervieux had been seeking to set the matter down for trial and summons his treating physicians to provide expert evidence. In reversing the Small Claims Court decision, Justice Mulligan of the Divisional Court held that Mr. Hervieux had been denied natural justice and that the Deputy Judge exceeded his jurisdiction by forcing Mr. Hervieux to “put his best foot forward” at a preliminary stage of the proceedings. Lawyer Marc Gibson of Falconers LLP represented Mr. Hervieux at the appeal.