The case involved Dr. Vincent Tookenay suing the estate of the late Dr. Michael O’Mahony for medical malpractice, leading to the amputation of Tookenay's right leg.
The lawsuit faced delays in serving the statement of claim due to "miscommunication" within the plaintiff's legal team.
Ruling:
The court dismissed the plaintiffs' motion to extend the time for service and to validate the irregular service, highlighting the significant and uncompensable prejudice to the defendant Estate due to the delay.
