What is responsive rebuttal evidence in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Mahil v. Price, 2011 BCSC 808 (CanLII):
The defendants now say that the Reports identify issues or conditions they were unaware of and which require that they obtain responsive expert evidence. The obvious question which arises as a result of the timing issues that I have alluded to, is whether what the defendants seek is "truly responsive rebuttal evidence", per Williamson J. in Kelley v. Kelley (1995), 20 B.C.L.R. (3d) 232 at para. 13 (S.C.).
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