Law360 Canada ( February 4, 2026, 8:38 AM EST) -- Appeal by Lungu from chambers judge’s summary dismissal of her negligence claims. This appeal arose from a medical malpractice action involving a trigger point needling treatment performed by Dr. Cabrita, a medical doctor specializing in physiatry. Lungu alleged that Dr. Cabrita performed the trigger point needling treatment without her informed consent and pierced and destroyed her bones with the needles, causing disabling and permanent pain. She brought claims in negligence, lack of informed consent and battery against Dr. Cabrita. Following a summary trial, the chambers judge dismissed Lungu’s claims, having accepted the expert opinion evidence of Dr. Finlayson, relied on by Dr. Cabrita. Dr. Finlayson opined that failing to address the risk of injuring bones by needling was not a breach of the standard, because to the best of her knowledge, the risk had not existed. On appeal, Lungu stated she was supposed to be referred to a psychiatrist for an assessment, not a physiatrist and sought to have admitted fresh evidence that included a letter from her family doctor that stated that the referral was made by mistake. She further alleged that the chambers judge made a number of errors, including misapprehending parts of the evidence, erring in making findings of fact, erring in admitting and accepting Dr. Finlayson’s evidence, and erring in finding the case suitable for summary trial....