Does a trial judge have the power to call a physician as a witness?
Ontario, Canada
The following excerpt is from O’Brien v O’Brien, 2017 ONSC 3502 (CanLII):
The court of appeal in Ferraro v. Lee concluded that in cases where a physician is being called, the discretion of the trial judge should normally be exercised by requiring the party to elect as to whether they wish to file the report or alternatively call the physician as a witness.
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