What is the current state of the law regarding the right to call a medical witness?
British Columbia, Canada
The following excerpt is from Kim v Dresser, 2021 BCSC 1032 (CanLII):
The Court of Appeal held, among other things, that the ability to call the medical witness in question was available to both parties. In Zawadski v. Calimoso, 2011 BCSC 45, Voith J. refused the adverse inference because there was "no evidence that the defendants were unable to or, in fact, so much as tried to speak to any of the physicians in question" (at para. 150).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current state of the law in the United States in relation to disclosure to the Canadian authorities regarding Charter of Rights and Freedoms? (British Columbia, Canada)
What is the current state of the law on medical justification for medical expenses in personal injury cases? (British Columbia, Canada)
What is the current state of the law on medical malpractice claims against the medical profession for failure to warn? (British Columbia, Canada)
What is the current state of the law on the authority of expert testimony in medical malpractice? (British Columbia, Canada)
What is the current state of the law regarding wills variation claims? (British Columbia, Canada)
What is the current state of the law in dealing with medical malpractice? (British Columbia, Canada)
What is the current state of the law in Canada when it comes to requiring a medical report? (British Columbia, Canada)
What is the current state of the law on medical malpractice in cases involving unborn children? (British Columbia, Canada)
What is the current state of the law relating to credibility and reliability of witnesses? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
