How has expert witness immunity been granted in medical malpractice cases?
Ontario, Canada
The following excerpt is from Halpern v Morris, 2016 ONSC 7855 (CanLII):
I will mention two other authorities. One is Sheehan v. Snell, [2016] O.J. No. 5301 (S.C.J.). In that case, the plaintiff sued the expert retained by his ex-wife in a family law proceeding. The expert moved for summary judgment dismissing the claim. Matheson J. granted the motion and dismissed the action relying on expert witness immunity. In the course of her reasons on the nature of the immunity, she said, at para. 45: The protection is absolute.
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