What is the impact of disclosure requests in medical malpractice cases?
Ontario, Canada
The following excerpt is from R. v. Kazmer, 2009 ONCJ 506 (CanLII):
[36] As others have, I too take note that in R v. Ly, [2005] O.J. 6065 (O.C.J.) there was an acquittal in that “over 80” case based on the lack of proper servicing and maintenance of the approved instrument in question. So, the disclosure requests made in these cases are by no means academic or without some legitimate purpose.
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