The Plaintiff alleged injuries as a result of obtaining laser treatment at a clinic. The Defendants sought summary judgment in relation to the negligence claim on the basis of a signed consent/release. They also sought summary judgment in relation to the breach of contract and vicarious liability claims. Justice Allen denied the motion in relation to negligence on the basis that the signed release was not equivalent to a waiver of liability for negligent treatment. Justice Allen granted summary judgment in relation to the breach of contract claim on the basis that the Plaintiff had not provided expert evidence to support the claim. The motion with respect to vicarious liability was denied as Justice Allen felt that there were genuine factual issues requiring a trial.
