A recent Court of Appeal decision of Sanzone v. Schechter, 2016 ONCA 566 highlights this tension. A summary judgment in favour of the defendant dentists was overturned on the basis that, while the selfrepresented plaintiff’s failure to provide an expert report detailing her injuries was problematic, the represented defendants had not, in turn, put their best evidentiary foot forward. Specifically, an affidavit from defendants’ counsel outlining the procedural steps undertaken in the case and a further affidavit challenging the credentials of a dentist whose opinion was proffered by the plaintiff were considered insufficient to establish that there was no genuine issue for trial.
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