What is the test for exclusion of expert evidence in medical malpractice cases?
British Columbia, Canada
The following excerpt is from Sam v. British Columbia, 2017 BCSC 387 (CanLII):
Songhees also submits that expert evidence should only be excluded when there is “substantial and irremediable” prejudice that justifies the exclusion: C.A. v. Critchley [1996], B.C.J. No. 3055 (S.C.) at para. 12; Dhaliwal v. Bassi, 2007 BCSC 547 at paras. 12 and 16.
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