In the November 6, 2015 edition of the Law Times, personal injury lawyer Brian Goldfinger wrote an article entitled “Three Day Summary Judgment Mini Trial”. You can find a link to Mr. Goldfinger’s article here as reproduced in the Toronto Injury Lawyer Blog.
Our lawyers were wondering when such a situation would occur? How does what seems to be a routine summary judgment motion where Affidavit evidence, and transcript evidence along with case law which is presented to a Judge, get converted to a mini trial or trial of an issue?
In what situation would this occur? How, why, when and by what mechanism does a Judge order a mini trial or trial of an issue in an Ontario personal injury law case?
Hot off the press, here might be your answer to those questions (and more):
CITATION: Minke v. Hartman, 2017 ONSC 3922
COURT FILE NO.: C-584-15
SUPERIOR COURT OF JUSTICE
|Steven Minke, Linda Minke, Cameron Minke and Brittany Minke
– and –
Stephen Hartman, Foot Works and Foot Works Inc.
|Brian R. Goldfinger and Azka Ashan, for the Plaintiffs|
|Anna L. Marrison and John McIntyre, for the Defendants|
|)||HEARD: April 12, 2017|
THE HONOURABLE MR. JUSTICE G.E. TAYLOR
REASONS FOR JUDGMENT
- This is a motion for summary judgment by the defendants seeking to dismiss the action due to the expiration of the limitation period.
- Stephen Hartman is a chiropodist registered to practice in the Province of Ontario. From March, 2006 until November, 2010, Hartman provided footcare treatment to Steven Minke through his chiropody clinic in relation to Minke’s diabetic condition. While being treated by Hartman, Minke developed Charcot foot.
- On May 15, 2012, Minke underwent a below the knee amputation of his right leg as a result of the Charcot foot.
- By way of a report dated January 5, 2015, Dr. Perry Mayer a physician who specializes in the treatment of feet of diabetics and in particular the treatment of Charcot foot opined:
Had the appropriate treatment been undertaken at the initial presentation of foot deformity, Mr. Minke would not have lost his limb.